Trans women should be barred from women’s public toilets, new guidance reveals

Trans women are defined as biologically being male under the court’s ruling (Picture: Shutterstock/baona)

Trans women should be barred from public toilets, the Equalities and Human Rights Commission (EHRC) has recommended.

It came as it released interim guidance yesterday on how organisations should interpret last week’s Supreme Court’s ruling on transgender people.

The court’s judges ruled that the terms ‘woman’ and ‘sex’ in the 2010 Equality Act ‘refer to a biological woman and biological sex’.

The new guidance states that in places like hospitals, shops and restaurants, ‘trans women (biological men) should not be permitted to use the women’s facilities’.

It also says that trans people should not be left without any facilities to use.

The interim guidance has been celebrated and criticised in equal measure.

India Willoughby – Britain’s first transgender national television newsreader – reacted by saying that transgender rights in the UK had ‘died’ with the decision.

Meanwhile, Harry Potter author JK Rowling said the decision ‘protected the rights of women and girls across the UK’.

Harry Potter author JK Rowling said the decision ‘protected’ the rights of women and girls (Picture by Mike Marsland/WireImage)

The commission said it had released the guidance because ‘many people have questions about the judgement and what it means for them’.

Further guidance on when competitive sports can be single-sex will be published in due course, the EHRC said.

The court’s ruling means that transgender women can be excluded from women-only spaces even if they have a gender-recognition certificate.

The EHRC – a watchdog which enforces equalities law – said the impact of the ruling was that ‘if somebody identifies as trans, they do not change sex for the purposes of the (Equality) Act, even if they have a Gender Recognition Certificate (GRC)’.

In this respect, the EHRC says, ‘a trans woman is a biological man’ and ‘a trans man is a biological woman’.

In schools, it says: ‘Pupils who identify as trans girls (biological boys) should not be permitted to use the girls’ toilet or changing facilities, and pupils who identify as trans boys (biological girls) should not be permitted to use the boys’ toilet or changing facilities.

‘Suitable alternative provisions may be required.’

In associations – groups or clubs with more than 25 members – the EHRC says ‘ women-only or lesbian-only association should not admit trans women (biological men), and a men-only or gay men-only association should not admit trans men (biological women)’.

The decision was met with celebration and criticism from different quarters (Picture: Getty Images)

However, Supreme Court judge Lord Hodge stressed that it still gives protection against discrimination to transgender people.

To avoid discrimination, the guidance states that ‘where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use’.

Where possible, mixed-sex toilets, washing or changing facilities should be provided in addition to sufficient single-sex facilities, it said.

Alternatively, it is possible to have toilet, washing or changing facilities which can be used by all, provided they are ‘in lockable rooms (not cubicles)’ and intended to be used by one person at a time, it says.

The EHRC says the interim guidance is intended to highlight the main consequences of the Supreme Court judgement.

‘Employers and other duty-bearers must follow the law and should take appropriate specialist legal advice where necessary,’ it adds.

A two-week consultation to seek views from ‘affected stakeholders’ is expected to be launched in May.

The EHRC aims to provide an updated code of practice to the government for ministerial approval by the end of June.

A government spokesperson said: ‘We welcome the ruling and the clarity it brings for women, and service providers.

‘We will review and update policy wherever necessary to ensure it complies with the latest legal requirements.’

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