The Equality and Human Rights Commission has published interim guidance following last week’s Supreme Court decision. It instructs organisations that manage public spaces and workplaces to create segregated mixed-sex bathrooms, washing and changing facilities for Trans+ people to use.
It does this on the basis that same-sex spaces can only be used by people that align with the Supreme Court’s definition of ‘biological sex’, while also saying that Trans+ perceived to be of the wrong gender can’t use bathrooms that match their biological sex.
If taken beyond interim guidance and made statutory, it would be the biggest human rights disaster since racial segregation and apartheid.
The guidance covers workplaces, schools, and services open to the public, such as hospitals, shops and restaurants.
It stipulates that, where possible, mixed-sex toilets, washing and changing facilities should now be provided. In an interim period, it sets out where this is not possible, trans people should not be put in a position where there are no facilities for them to use.
This isn’t accurate, the SC ruled that the only consistent definition of woman for the purposes of the 2010 Equalities Act is a ‘biological woman’*. A trans woman with a GRC is still legally a woman, she’s just not afforded the protections graned to women in the Equalities Act. (This is a crock of shit, but I’ll spare you that rant)
* You might wonder how the SC actually defines ‘biological woman’ and it has nothing to actually do with biology, it’s just if you originally had woman marked down on you birth certificate.
Ty for the correction!