Equality regulator publishes interim update on single-sex spaces

The Equality and Human Rights Commission (EHRC) has published an interim update on the practical implications of the UK Supreme Court’s landmark judgment on the meaning of “woman” in equality law.
Britain’s equality regulator has said it is working on new statutory guidance following the Supreme Court’s ruling earlier this month that the term “woman” as it appears in the Equality Act 2010 refers solely to persons who were born female and does not include transgender women.
An updated code of practice is expected to be presented to UK government ministers for approval by the end of June.
In the meantime, the EHRC published a short update on Friday evening which sets out its view of how the ruling affects workplaces, services that are open to the public, sporting bodies, schools and associations.
Among other things, the update says trans women should not be permitted to use women’s facilities such as toilets or changing rooms, and trans men should not be permitted to use men’s facilities.
In some cases, trans women should also be excluded from men’s facilities and trans men should also be excluded from women’s facilities, it adds – though “trans people should not be put in a position where there are no facilities for them to use”.
It also says that associations which restrict membership to lesbian women should not include trans women and associations which restrict membership to gay men should not include trans men.
A spokesperson for the Scottish government told the BBC: “We note the interim update from the EHRC, and that they intend to hold a consultation with stakeholders on their forthcoming guidance.
“We are keen to work with EHRC to ensure consistent, inclusive and comprehensive guidance is in place following the Supreme Court judgement and, following the postponement of last week’s meeting at their request, have asked to meet with them as soon as possible to discuss further.”
However, the Scottish Green Party has criticised the EHRC’s position as “harsh, authoritarian and cruel”.
“The EHRC appears to be going even further than the Supreme Court judgment did and is introducing new uncertainties rather than providing clarity,” co-leader Patrick Harvie said.
“We must not allow the UK government or anyone else to take a wrecking ball to longstanding rights or to remove all protections from a community that is already under fire.”
The Green Party of England and Wales has also called for the “ill-considered and impractical” update to be withdrawn.
The Good Law Project, headed by English barrister Jo Maugham KC, has said it believes the Supreme Court ruling “has placed or revealed the United Kingdom in breach of its obligations under the Human Rights Act” and has so far raised raised over £210,000 to finance new legal proceedings.
“We believe the UK is now in breach of its obligations under the Human Rights Act and the European Convention of Human Rights and we plan to ask the High Court for a declaration of incompatibility,” it said.