Saturday, March 29, 2025
Interim Guidance Emphasizes Need for Suitable Facilities for Trans Individuals
The UK’s Equalities and Human Rights Commission (EHRC) has issued interim guidance on toilet and changing room access for trans people, following a recent Supreme Court ruling on biological sex. While the ruling clarified that the terms “woman” and “sex” in the Equality Act refer to biological women, the EHRC stressed that trans individuals must still have access to suitable facilities, even if they cannot use those that align with their gender identity.
Under the new guidance, trans women (biologically male) are not permitted to use women’s toilets, and trans men (biologically female) are restricted from using men’s toilets in workplaces and public services. However, the EHRC emphasized that alternative, suitable provisions must be made available to trans individuals in these spaces.
Clarifying the Supreme Court Ruling
The Supreme Court ruling interpreted the Equality Act to mean that women’s spaces, including toilets and changing rooms, are designated for biological females only. This decision has led to questions about the rights of trans people and the provisions they should receive. The EHRC’s guidance aims to clarify these concerns.
The guidance outlines that while trans girls (biologically male) cannot use girls’ toilets or changing rooms in schools, and trans boys (biologically female) cannot use boys’ facilities, “suitable alternative provisions” should be made for these students. The same applies to workplaces and public-facing services, where both trans men and women must be offered options that respect their rights.
Impact on Schools and Sports Clubs
The EHRC’s guidance also has specific implications for schools and sports clubs. It mandates that schools provide single-sex changing facilities for children over the age of eight, with accommodations for trans students where necessary.
In terms of sports clubs, the guidance permits exclusive memberships for biological men or women in organizations of 25 or more people, which could prevent trans women from joining women’s sports teams or clubs.
The EHRC has stated that it is working on a more comprehensive code of practice to address these issues and plans to submit it for government approval by June.
