Equalities minister says trans women should use toilets based on biological sex

The equalities minister has stated that trans women should use restrooms based on their biological sex. Although Bridget Phillipson did not directly say that trans women should use men’s restrooms, she referenced the UK Supreme Court’s ruling defining a woman by biological sex. On BBC Radio 4’s Today programme, she mentioned, “The ruling was clear that provisions and services should be accessed on the basis of biological sex.”

As ‘BBC’ reports, when pressed about whether a trans woman should use men’s or women’s restrooms, Phillipson reiterated, “The ruling is clear.”

Sir Keir Starmer expressed his approval of the ruling, noting it provided “much needed clarity.” The prime minister told the BBC, “I'm really pleased the court has clarified the position. We can move on from there. [I] think that has been very helpful.”

Phillipson clarified that the law regarding trans women accessing single-sex spaces based on biological sex “would apply right across the board,” while emphasising that the Equality and Human Rights Commission (EHRC) would provide guidance to ensure services remain safe and respectful of individuals’ privacy and dignity. She acknowledged the importance of “appropriate and available services for all people, including trans people” in places like hospitals and changing rooms.

Asked about the immediate implications for trans women wanting to use restrooms, she stated, “The ruling was clear that provisions and services should be accessed on the basis of biological sex.” However, she noted that many businesses have adopted unisex facilities or separate cubicles that are accessible to everyone.

The EHRC has suggested that trans individuals consider using their advocacy power to campaign for “third spaces” that are gender-neutral to circumvent such dilemmas. Phillipson, also serving as education secretary, pointed out that many places already feature unisex toilets or individual cubicles. She mentioned that local cafes often have single cubicles available to everyone.

The Equality Act 2010 allows for the designation of single-sex spaces and services without this being deemed discriminatory. For Women Scotland, the campaign group behind the case, warned that interpreting “sex” based on gender identity would affect the management of single-sex facilities, such as hospitals and support groups.

The Supreme Court emphasised the necessity of interpreting sex biologically for coherent operation of single-sex spaces, potentially excluding transgender women from women-only areas. Some transgender individuals have voiced concern that the decision may undermine their anti-discrimination protections in their affirmed gender, although the judges acknowledged protections under other sections of the Equality Act.

Phillipson, who previously managed a women’s refuge, stressed the importance of safe spaces for women, especially survivors of male violence and trauma, while also ensuring “everyone in our society is treated with dignity and respect.” She asserted that women-only spaces could now be sure of service delivery following the Supreme Court's ruling.

When asked about any discord among ministers regarding this issue, Phillipson confirmed, “Yes there is, and I speak for the government on this matter,” emphasising the government’s clear support for the ruling.

Sir Keir further elaborated to ITV West Country that the ruling offered “real clarity in an area where we did need clarity,” viewing it as “a welcome step forward,” affirming “A woman is an adult female, and the court has made that absolutely clear.”

Discrimination lawyer Robin Moira White predicted an increase in gender-neutral spaces following the ruling, explaining on BBC’s Politics Live programme that businesses might shift to gender-neutral facilities to meet legal requirements.

Former Labour MP Ben Bradshaw, who advocates trans rights, remarked that both sides may have overinterpreted the decision. He suggested that practical issues remain to be addressed and urged Phillipson to reaffirm Labour’s commitment to ensuring equality for both women and the LGBTQ+ community.