New official guidance has come into effect in England, Wales, and Scotland, stipulating that single-sex spaces open to the public, such as toilets and changing rooms, should be organized based on biological sex. The code, published by the Equality and Human Rights Commission (EHRC), suggests that transgender people should use either gender-neutral facilities or those designated for their biological sex.
This guidance applies to a range of public services and organizations, including cafes, leisure centers, public toilets, and rape crisis centers. The EHRC's code provides practical advice for bodies on how to interpret the 2010 Equality Act, which offers protections for individuals based on both biological sex and gender reassignment.
The new rules follow a UK Supreme Court ruling 16 months ago that defined "sex" in equality law as "biological sex" rather than an individual's gender identity. Under the code, a trans woman, defined as a person born male who identifies as a woman, should not use women-only facilities. Similarly, a trans man should not use men-only facilities.
However, the guidance also notes that it could constitute discrimination against a transgender person if they are compelled to use services related to their biological sex, suggesting gender-neutral spaces as an alternative.
The implementation of this guidance has met with opposition from some Members of Parliament and trans-rights campaigners, who have called the code unworkable. Conversely, groups advocating for sex-based rights have welcomed the clarity it offers.
Transgender individuals and their advocates argue that people should be able to use services aligned with their gender identity. This perspective clashes with the views of some women's and gay rights groups, who contend that the current interpretation undermines sex-based protections, particularly for women. This tension between competing rights rights was a factor in both the Supreme Court's ruling and the subsequent publication of this updated guidance.
Legal challenges are anticipated regarding the practical application of the code. Trans-rights groups are expected to challenge the guidance itself, while sex-based rights groups may take legal action against organizations they believe are not adhering to the new regulations.