The UK's Equalities and Human Rights Commission (EHRC) has issued new guidance that confirms single-sex spaces, such as changing rooms and toilets, must be used based on biological sex. This means a trans woman, who is biologically male, shouldn't use female toilets or changing rooms. Instead, the guidance recommends that transgender people should be offered a third or a gender-neutral space.

The EHRC, which is an independent body that works to promote equality and human rights in the UK, produced the guidance after a landmark Supreme Court ruling last year that the definition of a woman under the Equality Act should be based on biological sex. The guidance is intended to help associations, businesses, and services that are open to the public understand how to organize their facilities in a way that's respectful of everyone's rights. They're trying to make sure everyone's rights are respected.

The guidance, which is over 300 pages long, covers a wide range of settings. These settings include shopping centers, gyms, hospitals, and restaurants. It provides detailed advice on how to create single-sex spaces that are safe and respectful for everyone. For example, it recommends that gender-neutral toilets or changing rooms should have self-contained lockable areas with floor-to-ceiling walls and wash basins. This will help ensure everyone's safety and comfort.

Women and Equalities Minister Bridget Phillipson said that the aim of the guidance is to allow people to live free from discrimination and harassment. 'Our focus has always been making sure organisations have clear, accessible guidance on how to implement the law,' she said. They don't want organisations to be confused about the law.

The guidance has sparked a heated debate about the rights of transgender people. Maya Forstater, of Sex Matters, a gender-critical women's rights group, said that the guidance is a 'simple principle' that confirms that 'sex' means what it says – male and female. 'Any business, charity or public service provider that took a wrong turn and started letting men who identify as women use women's spaces or vice versa must now urgently fix its policies,' she said. They can't just ignore the guidance.

On the other hand, a spokesperson for TransActual, a trans rights campaign group, said that the guidance leaves trans people with less rights. 'Not only does this new guidance fail to protect the rights and dignity of transgender people, but it appears to have weakened protections for the LGBT community as a whole,' they said. They're worried about the impact of the guidance.

The guidance is now before parliament, and MPs and peers have 40 days to raise any concerns. If there aren't any objections, the guidance will become statutory. It's likely to become law soon.

Dr Mary-Ann Stephenson, the chair of the EHRC, said, 'I think we do need to broaden out the debates, and we need to start from a point of saying, how do we make sure that everyone has access to the services they need, and that will be different things for different people.' They're trying to find a solution that works for everyone.

Clare Reddington, the chief executive of the Watershed arts cinema in Bristol, said that her organisation prides itself on being inclusive. She said that it had taken too long for the guidance to be published, which has led to confusion and misinformation. They're glad the guidance is finally out.

The Watershed has gender-neutral toilets, which won a Loo of the Year award in 2024. The brightly colored cubicles have floor-to-ceiling doors, and some have sinks inside. They also have separate male and female toilets. They're trying to cater to everyone's needs.

'I would say that designing toilets for everyone is great for business,' Reddington said. It's a good thing for their business.

As the debate about the guidance continues, it's clear that the issue of single-sex spaces is complex and contentious. The EHRC's guidance is an attempt to provide clarity and guidance on this issue. The debate will likely continue for some time. They won't resolve it overnight.

The issue is complex, and it's not going away soon. The EHRC's guidance is just one part of the debate. There will be more discussions and arguments about it.

Key Facts

  • The guidance confirms that single-sex spaces must be used based on biological sex.
  • Transgender people should be offered a third or a gender-neutral space.
  • The guidance covers a wide range of settings, including shopping centers, gyms, hospitals, and restaurants.
  • The guidance provides detailed advice on how to create single-sex spaces that are safe and respectful for everyone.
  • The guidance is now before parliament, and MPs and peers have 40 days to raise any concerns.