Toilets use should be based on ‘biological sex’, says Phillipson

Equalities minister Bridget Phillipson has said trans women should use the toilets that match their “biological sex”, in the wake of the Supreme Court’s decision on the definition of a woman.

The UK’s top court ruled last Wednesday (16 April) that the definitions of a woman and of sex in the 2010 Equality Act referred to “biological sex”.

Phillipson addressed the subject on Radio 4’s Today programme on Tuesday (16 April), proclaiming it was “clear” that provisions and services should now be accessed “on the basis of biological sex”.

Asked to clarify whether this extended to women’s toilets, she reiterated: “The ruling is clear”, adding that “biological women” should be able to access “safe, therapeutic spaces” while everyone in society should be “treated with dignity and respect”.

Meanwhile, prime minister Keir Starmer has said he was “really pleased” by the court’s ruling.

Asked by BBC News if the PM still believed trans women were women, a spokesperson said: “No, the Supreme Court judgement has made clear that, when looking at the Equality Act, a woman is a biological woman.”

The government would “move on from there”, they added.

Phillipson had previously supported the idea of implementing a law to prevent trans women entering female single-sex spaces, adding that the Equality and Human Rights Commission (EHRC) would be “setting out additional guidance and a statutory code of practice”.

EHRC chairwoman Baroness Kishwer Falkner said the Supreme Court’s decision was “enormously consequential” and vowed to pursue organisations that didn’t update their policies. “Single-sex services like changing rooms must be based on biological sex,” she added.

Despite the claims made by some, the Supreme Court’s ruling does not immediately force transgender women to stop using single-sex spaces, only setting a precedent for legislation to be tabled.

The latest political statements come after home secretary Yvette Cooper addressed the weekend’s protests about the legal outcome. Rather than focusing on the reason for the demonstrations, she chose to talk about the graffiti daubed on seven statues in London.

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