TL;DR: Interim guidance from the Equalities and Human Rights Commision, the UK's equalities watchdog, has recommended that in order to comply with last week's Supreme Court ruling public spaces should segregate Trans+ people, and create new mixed-space bathrooms and changing facilities for them to use.
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.
What does the guidance say?
The guidance sets out the definition that a trans woman is a biological man, and a trans man is a biological woman. On this basis it sets out:
- Trans women "should not be permitted to use" the women's facilities, and trans men "should not be permitted to use" the men's on the basis continued access would mean they are not 'single-sex'
- In some circumstances, the law also allows trans women to be prevented from using the men's facilities, and trans men can be prevented from using the women's.
- Trans people should not be left in a position where there are no facilities to use, even if only facilities for 'biological' men and women are provided
- Organizations that have public spaces, including workplaces, should provide mixed-sex facilities. Further, stipulating cubicles is not sufficient; but they must be single lockable rooms intended for the use of one person at a time.
It further specifies that even if Trans+ people have a gender recognition certificate, this new guidance still applies.
What does it say about schools?
Following a ruling in a Scottish court this week also brought with the support of For Women Scotland, schools must follow this guidance for children over the age of 8 for bathrooms, and 11 for changing rooms.
It further specifies that Trans+ young people should not be permitted to use bathrooms that match their gender identity - and, therefore, that suitable alternative provisions may be required.
What about sports?
It sets out there are already rules about when competitive sports can be single-sex but that the commission intends to address this issue in further guidance soon.
What about queer membership organizations?
It sets out that lesbian groups should not admit trans women and gay men's groups should not admit trans men.
Analysis: A human rights disaster akin to racial apartheid
We have not seen this kind of removal of human rights since segregated bathrooms on the basis of race. It is, perhaps, the single biggest rollback of civil rights the UK has ever seen.
This guidance is interim but is designed to help get organisations and workplaces that have single-sex spaces ready for its upcoming statutory guidance.
There's no kind way to put this. It is the worst possible form of rules this guidance could set out.
Worse, it may have even overreached beyond what the Supreme Court intended. Former Supreme Court Justice Lord Sumption this week told BBC Radio 4, that as he understood it the court hasn't ruled that women’s toilets are for biological women only - Trans Actual
That clearly isn't how the EHRC, run by an outspoken gender-critical chairperson, has understood the ruling.
Let me be plain and share my personal take outside the boundaries of running QueerAF: It's time to get out of the bars and onto the streets. This moment will be looked upon in history as a pivotal moment in human rights history across the whole world - and it's up to all of us to fight back.
We face an acute period ahead of us in our community:
A time where people who hate us are feeling more and more enabled to share, spread and communicate those attitudes.
In this period of uncertainty, you can trust QueerAF to be here - in your inbox every Saturday, to ensure you have all the latest information you need to navigate the changes, and to know how to fight back.
The kind of journalism we do week in week out, goes far beyond writing the 4000 words in this newsletter every week, or spending all week newsgathering. It requires us to build relationships with queer organisations, advocacy groups and with activists to ensure our ears are on the ground, and that we can connect the dots - so you're better equipped for the fight ahead.
QueerAF is a small team; for now, I'm the only one who works here full time and on top the news I do, I work with our network of contributors, mentees on our training schemes and freelance staff - to ensure we punch above our weight. We're both small and mighty.
But I'll level with you: we need your help. QueerAF's largest source of revenue is from people like you. That's by design. We've refused ads in this newsletter because it keeps us focused on what counts, not what clicks. It helps us stay grounded with what the community needs.
If you can, please join the hundreds of other QueerAF members who ensure our small but mighty newsletter, can take on the mainstream media and deliver you the information you need for the fight ahead.
