The UK Equalities Minister has said that trans women should use toilets based on their biological sex, a stance that has sparked criticism from transgender rights supporters, reports BBC.
Following a UK Supreme Court ruling that legally defines “woman” based on biological sex, Bridget Phillipson indicated that this would affect access to single-sex spaces like toilets, though she didn’t outright say trans women must use men’s toilets.
When speaking on BBC Radio 4’s Today programme, she said: “The ruling was clear that provisions and services should be accessed on the basis of biological sex,” reports BBC.
When pressed for a clearer answer on whether trans women should use men’s or women’s toilets, she reiterated: “The ruling is clear.”
Labour leader Sir Keir Starmer backed the court’s decision, saying it gave “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,” reports BBC.
Earlier, Phillipson said the ruling would apply across the board in regard to how trans women access single-sex facilities.
She also mentioned that the Equality and Human Rights Commission (EHRC) would be issuing updated guidance and a statutory code of practice to ensure access to services that protect privacy and dignity, reports BBC.
She emphasized the need for appropriate facilities for everyone, including trans people, in environments such as hospitals and changing rooms.
When asked again about the immediate impact on trans women using public toilets, she replied: “The ruling was clear that provisions and services should be accessed on the basis of biological sex, reports BBC.
“But I know that many businesses large and small will ensure that they have appropriate provision in place, for example many businesses have moved towards unisex provision or separate cubicles that can be used by anyone,” reports BBC.
The EHRC has encouraged trans individuals to use their “powers of advocacy” to push for more gender-neutral or third-space options to avoid conflicts over access, reports BBC.
Phillipson, who is also education secretary, said many public places already offer unisex or single-cubicle toilets.
“Go into your local cafe, a local family cafe – [the] chances are that they’ll have one cubicle that’s self-contained that can be used by anyone,” she added, reports BBC.
The 2010 Equality Act allows for the use of single-sex services and facilities without being discriminatory, particularly in situations where someone could reasonably object to another person of the opposite sex being present.
For Women Scotland, the campaign group behind the legal case, warned that if “sex” were to be interpreted as gender identity under the law, it would affect how spaces like prisons, hospital wards, and refuges operate, reports BBC.
The Supreme Court ruled that the biological definition of sex was necessary for these single-sex spaces to function consistently.
However, they also stated that individuals with a Gender Recognition Certificate (GRC) could be excluded from these areas if it was “proportionate to do so”, reports BBC.
Some transgender individuals expressed concern that the ruling could weaken their rights under the Equality Act, though the court said protections still exist under different sections of the law.
Phillipson, a former women’s refuge manager, stressed the importance of safe spaces for women who have experienced violence and trauma, while also ensuring dignity for all, reports BBC.
She said the ruling gave confidence to women-only service providers, as the court had made the law unambiguous.
In response to reports of division within government, Phillipson said: “Yes there is, and I speak for the government on this matter,” reports BBC.
She added the government was “crystal clear” in welcoming the court’s decision.
Sir Keir told ITV West Country that the ruling brought “real clarity in an area where we did need clarity” and described it as a “welcome step forward”.
He added: “A woman is an adult female, and the court has made that absolutely clear,” reports BBC.
Michael Foran, a University of Glasgow law lecturer, said misinformation had clouded the conversation and led to “attempts to delegitimise” the Supreme Court’s ruling.
Speaking to the Today programme, he noted that some people were wrongly suggesting the decision wouldn’t change single-sex space policies, stating: “This decision has profound implications for trans inclusion in those spaces,” reports BBC.
Dr Foran added: “It’s incumbent on the government to communicate clearly what this judgement does and does not say, and to combat that misinformation,” reports BBC.
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