Toilet access by birth sex, but trans people need facilities too, says UK watchdog

The UK’s equalities watchdog has issued interim guidance following a supreme court ruling that defines "woman" and "sex" in the Equality Act as referring to biological sex. The guidance states that while trans women should not use women's facilities and trans men should not use men's facilities in workplaces or public settings, trans people must still be provided with suitable alternatives.

The supreme court ruling allows trans women (biological males) to be excluded from women-only spaces like toilets and changing rooms. To address widespread confusion after the ruling, the Equality and Human Rights Commission (EHRC) released this temporary guidance.

According to the guidance, schools must provide separate changing facilities for boys and girls over eight years old. However, "suitable alternative provisions" should be offered for trans students, who should not use the changing rooms of the gender they identify with.

The EHRC also clarified that sports clubs and associations with 25 or more members can remain exclusive to biological men or women. For instance, a lesbian women’s sports club can restrict membership to biological women and exclude trans women.

The watchdog said it is developing a full code of practice based on the court’s ruling, which it expects to submit for government approval by June.