Equalities Minister Backs Biological Sex Basis for Toilet Access Following Supreme Court Ruling

In a recent statement, Equalities Minister Bridget Phillipson advocated for the use of male toilets by trans women, asserting that services should be accessed according to biological sex. She emphasized the importance for businesses to have the right facilities in place, potentially including unisex options, while acknowledging the Supreme Court's clear ruling on this matter.

Last week, the UK's highest court established that the definitions of "woman" and "sex" under the 2010 Equality Act pertain specifically to biological women. This ruling allows for transgender women with a gender recognition certificate to be barred from single-sex spaces if it can be deemed proportionate. Phillipson communicated her perspective on BBC Radio 4's Today programme, acknowledging that many businesses are likely adapting to these legal parameters by offering unisex provisions or individual cubicles.

The minister highlighted significant concerns regarding facilities such as toilets, changing rooms, hospitals, and women's refuges, where individuals might require safe, accommodating spaces for prolonged use. She welcomed the Supreme Court’s decision, which clarifies that providers may establish services based on biological sex.

Following the court's judgment, former Supreme Court judge Jonathan Sumption expressed caution, noting that the decision does not mandate the provision of single-sex spaces. Rather, it permits the exclusion of transgender individuals from such facilities, clarifying that while providers may choose to implement this exclusion, they are not obligated to do so.

The discussion has sparked tensions, as evidenced by demonstrations where protesters voiced strong opinions about the ruling, leading to calls for police action against objectionable language used in the protests. Education minister Stephen Morgan condemned the inflammatory remarks that surfaced during these events, advocating for legal accountability where necessary.

Ms. Phillipson reiterated that the Supreme Court ruling reinstates the confidence among service providers in creating single-sex spaces exclusively for biological women. She articulated her commitment to prioritizing the well-being of children and ensuring that educational leaders receive the necessary guidance regarding gender-questioning students, recognizing the vital nature of single-sex spaces for women, particularly survivors of violence.