In response to a landmark ruling by the UK Supreme Court defining ‘woman’ legally as biological sex, Equalities Minister Bridget Phillipson has reaffirmed that provisions and services should primarily be accessed based on this categorization. Speaking on BBC Radio 4’s Today program, Ms. Phillipson stated bluntly: “The ruling was clear that provisions and services should be accessed on the basis of biological sex.” When pressed for a specific answer regarding trans women utilizing men’s restrooms, she repeated her initial assertion, emphasizing the court’s established interpretation.
The Supreme Court’s decision, which upheld the legal definition of ‘sex’ as biological, has significant implications for single-sex spaces. While acknowledging the complexities surrounding access for transgender individuals, Minister Phillipson stressed that the Equality and Human Rights Commission (EHRC) will be developing additional guidance and a statutory code of practice to ensure equitable access while maintaining privacy and dignity. This includes a focus on providing appropriate and accessible services – particularly in sensitive settings like hospitals and changing rooms – alongside exploring options for unisex facilities or private cubicles.
Furthermore, Ms. Phillipson highlighted the role of advocacy within the transgender community, suggesting they should champion ‘third spaces’ – gender-neutral environments – to mitigate potential dilemmas. She noted that many businesses already offer self-contained, single-stall restrooms available to all users. The Equality Act 2010 permits single-sex spaces without being considered discriminatory in certain circumstances, such as when a reasonable objection arises from another user. However, the ruling does allow for proportionate exclusions of individuals holding Gender Recognition Certificates (GRCs) if it’s deemed necessary for the coherence and operation of single-sex facilities.
Prime Minister Sir Keir Starmer welcomed the Supreme Court’s decision, stating, “A woman is an adult female, and the court has made that absolutely clear.” He emphasized that the ruling provides much-needed clarity in a complex area and will inform future guidance. The case was brought forward by For Women Scotland, who warned that interpreting ‘sex’ as gender identity under law could have far-reaching consequences for the operation of single-sex services like hospital wards, prisons, and support groups. Minister Phillipson, drawing on her previous experience managing a women’s refuge, underscored the importance of safeguarding safe, therapeutic spaces for women – particularly those who have experienced violence – while upholding principles of dignity and respect for all members of society.
