Public should heed forthcoming rules on single-sex spaces, says UK equalities chief | Equality and Human Rights Commission (EHRC)

The Equality and Human Rights Commission (EHRC) is awaiting government approval of its official guidance on how businesses and public bodies should respond to a Supreme Court ruling defining legal sex as biological sex, a process the chair of the watchdog says could be expedited with “goodwill.” The guidance, finalized three months ago, addresses access to single-sex spaces.

Guidance on Single-Sex Spaces Stalled

Mary-Ann Stephenson, chair of the EHRC, stated that while “nobody is expecting a toilet police,” individuals should generally follow the rules once guidance is issued. The EHRC’s guidance reportedly states that single-sex spaces should be open only to people of the same biological sex, potentially excluding transgender individuals from using facilities aligned with their gender identity, according to a leaked copy reported by the Times.

Trans rights campaigners have expressed concern that the guidance would effectively limit their access to public life. Stephenson acknowledged the importance of access to single-sex spaces for some women, while also emphasizing the need for services accessible to transgender people.

“Things could be sorted out if there is goodwill and recognition that everybody has rights,” Stephenson told the BBC. She suggested improvements to signage and alternative provisions could address concerns.

Donation to Legal Case Raises Questions

Stephenson’s appointment as EHRC chair was met with criticism from some trans rights campaigners due to her previous donation to the legal case of Allison Bailey, a lawyer who successfully claimed she was discriminated against for her gender-critical views. Stephenson explained her donation stemmed from frustration that “women were being harassed and losing their jobs on the basis of lawfully held beliefs.”

Broader Concerns at the EHRC

Internal concerns at the EHRC have been raised regarding the delay in issuing guidance on single-sex spaces, with some viewing it as a distraction from other pressing issues, including the rise of the far right. Stephenson also expressed concern about worsening race-based discrimination and harassment, noting that public discourse can exacerbate the problem.

“If you look at the level of racist harassment…we do have a problem,” she said. “History shows us that rights can improve and that they can get worse…the critical thing is to remain vigilant.”

Asked directly if trans women are women, Stephenson stated the Supreme Court has ruled that, under equalities law, sex is defined by biological sex at birth, but added that “in most social situations I would want to treat people the way they want to be treated.”