Hate Not Hope

Misogyny on the streets of the UK

In a landmark judgment on 16 April, the UK Supreme Court unanimously ruled that the legal definition of a woman is based on biology. The protected characteristic of “sex” under the 2010 Equality Act refers to “biological sex”, not “acquired gender” via GRCs (Gender Recognition Certificates) and self-identification.

The Equalities and Human Rights Commission has released interim guidance on how organisations should interpret the ruling. The primary concern is single-sex spaces in “workplaces and services that are open to the public”:

• trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities, as this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex

• in some circumstances the law also allows trans women (biological men) not to be permitted to use the men’s facilities, and trans men (biological woman) not to be permitted to use the women’s facilities

• however where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use

• where possible, mixed-sex toilet, washing or changing facilities in addition to sufficient single-sex facilities should be provided