BBC News
Leaders across the UK’s cultural sector have said they are “unable and unwilling” to police which toilets people choose to use after a recent Supreme Court ruling.
Last month, the Supreme Court said the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”.
The Equality and Human Rights Commission (EHRC) issued interim guidance that, in places open to the public, trans women – people who are biologically male but identify as female – shouldn’t use women’s facilities such as toilets.
More than 1,000 cultural figures have signed an open letter which claims the judgement “overlooks the need to protect trans, non-binary and intersex people from discrimination”.
Signatories include joint chief executives and general directors of the Welsh National Opera (WNO), Adele Thomas and Sarah Crabtree, the founder of the Vagina Museum, Florence Schechter, and the director of Queer Britain museum, Andrew Given.
The letter says that the majority of cultural venues “are unable to magic up new toilet facilities” and “this kind of segregation will have significant social, cultural and economic impact”.
The Supreme Court judges say trans people are still protected from discrimination under equalities legislation, and that this interpretation of the law does not cause disadvantage to the “potentially vulnerable group”.
The court sided with campaign group For Women Scotland, which brought a case against the Scottish government and argued for a “common sense” interpretation of the words man and woman, telling the court that sex is an “immutable biological state”.
Following the ruling two weeks ago, For Women Scotland co-founder Susan Smith said: “Sex is real and women can now feel safe that services and spaces designated for women are for women and we are enormously grateful to the Supreme Court for this ruling.”
Harry Potter author JK Rowling posted on social media to say the campaign group have “protected the rights of women and girls across the UK.”
described the ruling as “a model of clarity and provides a solid foundation for approaching consequential issues”, while Helen Joyce, the director of advocacy at the campaign group Sex Matters, said the ruling was “incredibly important for the half of humanity who need single-sex spaces”.
Several organisations have been updating their guidelines in light of the Supreme Court’s ruling.
Earlier this week, the Football Association announced transgender women will no longer be able to play in women’s football in England from 1 June.
Meanwhile, professionals in the UK music industry have signed a different open letter expressing solidarity with the trans community.
Signatories including Charli XCX, Jessie Ware, Jade, Olly Alexander, Sugababes, Sophie Ellis-Bextor and Paloma Faith.
Their letter says that the industry must “urgently work to ensure that our trans, non-binary, and intersex colleagues, collaborators, and audiences are protected from discrimination and harassment in all areas of the industry – whether in studios, at venues, in offices, or at festivals”.
The letter comes after actors including Oscar-winning star Eddie Redmayne, The Brutalist actor Joe Alwyn and Babygirl star Harris Dickinson signed an open letter addressed to film and TV industry bodies, encouraging them to support the trans community.
The letter said that the signatories wish to “add our voices to the 2,000+ signatories of the Open Letter from UK Writers to the Trans Community”, which was signed by Doctor Who showrunner Russell T Davies and Chewing Gum’s Michaela Coel.
Interim guidance
The EHRC has issued guidance aimed at clearing up questions about what the judgment will mean in practice.
Transgender women “should not be permitted to use the women’s facilities” in workplaces or public-facing services like shops and hospitals, the EHRC said.
The same applies to transgender men, who are biologically female, using men’s toilets.
The watchdog also insisted that transgender people “should not be put in a position where there are no facilities for them to use”.
The EHRC is currently reviewing its statutory code of practice for services and will seek affected stakeholders’ views on how the practical implications of the judgment can be reflected in the updated guidance in a consultation expected to launch later this month.