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Trans Women Should Follow Biological Sex for Toilets, Says Equalities Minister
Equalities Minister Bridget Phillipson has said that people should access toilets and services based on their biological sex, following a major ruling by the UK Supreme Court.
In a recent interview with BBC Radio 4, Phillipson stopped short of directly saying that trans women should use men’s toilets, but emphasized that the court ruling was “clear” on the matter.
“The ruling was clear that provisions and services should be accessed on the basis of biological sex,” she said.
When pressed again on whether that means trans women should avoid women’s toilets, she reiterated: “The ruling is clear.”
The statement comes after the Supreme Court decided that for the purposes of single-sex spaces, sex is to be interpreted as biological sex, not gender identity. Prime Minister Sir Keir Starmer called the decision a “welcome step forward,” saying it brought much-needed clarity to an area that had caused confusion.
EHRC to Provide Clearer Guidelines
Phillipson acknowledged that the Equality and Human Rights Commission (EHRC) would soon release new guidance to help implement the ruling fairly.
“We need to make sure that everyone has the ability to access services that are safe and appropriate, and respect their privacy and dignity,” she said.
She pointed out that many public places, including cafes and businesses, already have unisex or single-occupant toilet options to avoid these issues.
“Go into your local family cafe – chances are they’ll have a single cubicle that anyone can use,” she added.
The EHRC has suggested that trans people could advocate for more gender-neutral or “third spaces” to better meet their needs without creating conflict in sex-specific areas.
Women's Rights and Single-Sex Spaces
Campaigners like For Women Scotland, who brought the original case, argued that mixing biological males into female-only spaces could compromise safety and support in sensitive environments like hospitals, shelters, or prisons.
The court agreed, stating that single-sex spaces based on biological sex must be clearly protected under the law. The justices also noted that people with a Gender Recognition Certificate (GRC) can still be excluded from certain spaces if doing so is legally justified and proportionate.
Phillipson, who previously ran a women’s refuge, said the ruling offers vital clarity for organizations supporting women who have experienced male violence.
“These women-only spaces can now feel confident in how they deliver services,” she said. “The Supreme Court has set that beyond doubt.”
Sir Keir echoed this, stating:
“A woman is an adult female, and the court has made that absolutely clear. It's real clarity in an area where we did need it.”
What Happens Next?
Although the ruling brings legal clarity, the implementation of these guidelines will continue to evolve. The EHRC’s upcoming code of practice is expected to help employers, service providers, and individuals better understand their responsibilities and rights.
While the topic remains sensitive, both ministers emphasized the importance of treating everyone with dignity and respect, and of providing inclusive services where possible—especially in complex areas like healthcare, education, and public facilities.
