The recent Supreme Court ruling that the term ‘woman’ in UK law refers only to ‘biological women’ has sparked a heated debate about single-sex spaces and the rights of trans individuals. The ruling, announced by Lord Patrick Hodge, states that the terms “woman” and “sex” in the Equality Act 2010 refer specifically to a biological woman and biological sex. This decision has led to the Equality and Human Rights Commission (EHRC) issuing interim guidance on single-sex spaces, which has been met with criticism from many, including the Green Party.
The EHRC guidance advises that trans people should not be permitted to use facilities that correspond with their gender, such as toilets, changing rooms, and washing facilities, in workplaces and services open to the public. However, it also notes that trans people should not be put in a position where there are no facilities for them to use, suggesting the provision of mixed-sex facilities in addition to single-sex facilities.
The Green Party’s co-leader, Carla Denyer, has called for this guidance to be withdrawn, describing it as “ill-considered and impractical.” Denyer argues that the guidance has not been thought out and that the people who will be affected by it have not been consulted. Speaking on BBC One’s Sunday with Laura Kuenssberg on April 27, 2025, Denyer emphasized the need for a more thoughtful and inclusive approach to this issue, stating, “The EHRC guidance seems to be saying that if a lesbian association or venue wants to be inclusive and wants to include trans women – and let’s bear in mind non-trans lesbian women are amongst the most supportive of trans people in the whole of society – so a lot of lesbian and LGBTQ organisations are going to want to include trans people; the advice seems to say they won’t be allowed to.”
Labour MP Pat McFadden also weighed in on the matter, claiming that the “logical consequence” of the Supreme Court’s ruling and the EHRC guidance is that people should use the facilities of their biological sex. He acknowledged, however, that this would not be practically enforced, saying, “I’m probably not going to be standing outside toilets.”
Liberal Democrat leader Ed Davey expressed concerns about the guidance, stating, “Lots of people are quite worried and anxious in the trans community and elsewhere.” He pointed out that the current guidance is confusing and does not adequately address the complexities of gender identity. Davey raised a particular concern about trans men, questioning whether they would feel comfortable using women’s toilets and the potential for anxiety this might cause.
The controversy surrounding single-sex spaces and trans rights is a complex and sensitive issue, with different perspectives and opinions on how to balance the rights of all individuals. The Green Party’s call for the EHRC guidance to be withdrawn highlights the urgent need for a more inclusive and considered approach.
Denyer’s comments reflect a broader concern among LGBTQ+ organizations about the potential impact of the EHRC guidance on trans individuals and communities. Trans people are already a vulnerable and marginalized group, and the guidance has the potential to further exclude and discriminate against them. The lack of clarity and consistency in the guidance has caused confusion and anxiety among many people, including those who are not trans.
As the Green Party and other advocates have emphasized, it is crucial to prioritize the well-being and safety of all individuals, including trans people, and to work towards creating a more inclusive and equitable society for everyone. The debate around single-sex spaces and trans rights is not just about toilets and changing rooms; it is about the fundamental human rights of trans individuals to live their lives with dignity and respect.
The EHRC guidance has faced widespread condemnation for recommending that trans people be banned from all gendered toilets. While the guidance is not law, its purpose is to advise “statutory and non-statutory” policy, including future legislation. Commenting on the guidance, trans charity TransActual described it as a “bigoted attempt to segregate trans people in public spaces” and is “almost certainly unlawful.”
TransActual chair, Helen Belcher, criticized the government for inconsistency after Prime Minister Keir Starmer welcomed the Supreme Court ruling on the definition of women and sex in the 2010 Equality Act, which determined that the definition of a woman is solely based on “biological sex.” Belcher stated, “The ball is now very firmly in the Government’s court. Trust in them is at an all-time low.”
The Green Party has called for the guidance to be withdrawn until the EHRC can produce something more thoughtful that takes into account the voices of all those affected. Denyer pointed out that the guidance would cause “distress” and “further confusion” for employers and businesses.
As this debate continues, it is essential that any guidance or policy related to single-sex spaces is carefully considered, inclusive, and respectful of all individuals, regardless of their gender identity. The Supreme Court’s ruling and the EHRC guidance have sparked a necessary conversation about the need for greater understanding, acceptance, and inclusion of trans people in our society.
In conclusion, the controversy surrounding single-sex spaces and trans rights is a complex and multifaceted issue that requires careful consideration and thoughtful dialogue. The Green Party’s call for the EHRC guidance to be withdrawn is a step in the right direction, and it is essential that we continue to prioritize the rights and dignity of trans individuals and communities. By working together and engaging in respectful and inclusive discussions, we can create a more just and equitable society for all.
