No plans to change law on single-sex spaces, government confirms
The government has confirmed it has no plans to change the law to allow transgender people to use single-sex spaces such as changing rooms and toilets.
The equalities minister, Penny Mordaunt, last week told a committee of MPs that the trans community faced “discrimination and bigotry ... very much like what gay men went through in the 1980s” after some people self-defining as a gender different from their biological sex were turned away from single-sex spaces.
But this month in response to a petition signed by more than 12,000 people calling on women to be consulted before any new legislation, Mordaunt’s office made clear that the law around single-sex spaces would not change.
“We have no intention of amending the Equality Act 2010, the legislation that allows for single-sex spaces,” it said.
“Providers of women-only services can continue to provide services in a different way, or even not provide services to trans individuals, provided it is objectively justified on a case-by-case basis. The same can be said about toilets, changing rooms or single-sex activities. Providers may exclude trans people from facilities of the sex they identify with, provided it is a proportionate means of meeting a legitimate aim.”
An Equalities Office spokeswoman confirmed on Monday: “Since we announced our intention to reform the Gender Recognition Act in 2017, we have been clear we will not amend the Equality Act 2010.
“Any reform of the Gender Recognition Act will not change the protected characteristics in the Equality Act nor the exceptions under the Equality Act that allow provision for single- and separate-sex spaces.”
The statement was welcomed by members of Woman’s Place, a group formed to discuss the potential implications for women and girls of sharing single-sex spaces.
Writing on the group’s Facebook page, Sarah al-Maghribi Murphy said: “Glad they had sense. Female-only spaces are penis exclusionary for a reason.”
Stonewall, Britain’s biggest LGBT charity, attacked the “toxic” way the issue had been reported.
Paul Twocock, director of campaigns, policy and research, said: “Trans people can and have been using the toilets that match their gender for years without issue. This is another media-generated ‘debate’ based on inaccurate information. This is not what reform of the Gender Recognition Act is about because the law already states that trans people can access single-sex spaces that match their gender, and should not be discriminated against.
“The exemptions to this rule only apply to sensitive and complex services, for example refuges, where services can exclude trans people if they can demonstrate that is absolutely necessary, for example if inclusion would put that trans person at risk. However, these exemptions are rarely used and in almost all situations trans people are treated equally as is required by our equality laws.”
He added: “We need urgent reform of the Gender Recognition Act to guarantee the safety and dignity of trans and non-binary people.”