New guidance on single-sex spaces comes into force

Official new guidance on single-sex spaces has come into effect across England, Wales and Scotland, stipulating that such spaces should be organized based on biological sex rather than gender identity. The code, issued by the Equality and Human Rights Commission (EHRC), advises trans individuals to use either gender-neutral facilities or those corresponding to their biological sex, including gym changing rooms and rape crisis centers.

This guidance, published in June, aligns with a 2025 UK Supreme Court ruling that defines "sex" in equality law as biological sex, not self-identified gender. While trans-rights campaigners argue the guidance is unworkable and potentially discriminatory, groups advocating for sex-based rights welcome the clarity it provides. The EHRC guidance offers practical advice for services, public bodies, and associations interpreting the 2010 Equality Act, which covers a wide range of organizations, from cafes and leisure centers to public toilets and domestic violence shelters.

The code posits that where it is proportionate for facilities to be single-sex, only individuals of the same biological sex should use them, which means a transwoman should not use women-only facilities, and a trans man should not use men-only facilities. However, the code also notes that forcing transgender individuals to use services aligned with their biological sex could constitute discrimination against them.

Gender-neutral spaces are presented as an alternative. The Equality Act offers protections based on both biological sex and gender reassignment, with transgender people contending they should be able to use services aligned to their self-identified gender. This has sparked debate, with both transgender and sex-based rights groups expressing strong opposition and advocating for legal action, fearing potential violations of rights.