Unisex toilets could become norm after UK court trans ruling

A ruling by Britain’s Supreme Court on the legal definition of a “woman” is expected to have far-reaching consequences.

From toilets and changing rooms to sports pitches and hospital wards, a ruling by Britain’s Supreme Court on the legal definition of a “woman” is expected to have far-reaching consequences.

On Wednesday, Supreme Court judge Lord Hodge delivered an 88-page judgment in London that found, “the definition of the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex”.

After the court’s decision, public bodies will now have to review their policies.

The British Transport Police said Thursday that it has changed its strip search policy, and trans people held in custody would be searched by an officer in line with their birth sex.

Single-sex spaces and services including changing rooms “will function properly only if sex is interpreted as biological sex”, the judgement said.

Celebrations outside the Supreme Court in London, England after the decision was handed down. Picture: Getty Images

Kishwer Falkner, chairwoman of the Equality and Human Rights Commission (EHRC), which is responsible for enforcing the Equality Act, told BBC radio the law was now clear.

“If a service provider says ‘we’re offering a women’s toilet’, then trans people should not be using that single-sex facility,” she said.

But she highlighted that there was no law forcing organisations to provide single-sex spaces and no law preventing them providing unisex toilets or changing rooms.

She said trans rights organisations should push for more neutral third spaces to accommodate trans people.

Current guidance from the body that runs the state-funded National Health Service in England states that trans people should be “accommodated according to their presentation: the way they dress, and the name and pronouns they currently use”.

For Women Scotland had argued that sex-based protections should only apply to people born female. Picture: Getty Images

The advice has meant that trans women have been allowed to opt for treatment in women-only hospital wards even if they do not have a gender recognition certificate or have not legally changed their name.

The certificate is a UK legal document that recognises an individual’s gender identity, allowing them to legally change their sex.

“The NHS is currently reviewing guidance on same sex accommodation,” an NHS England spokesperson told AFP.

Falkner said the watchdog would pursue the NHS if it did not change the existing guidance on the treatment of trans women patients.

The court decision is a victory for prominent voices in the debate over trans women in sport.

Fiona McAnena, director of campaigns at the charity Sex Matters, said the law had in fact always been “clear that everyone male can be excluded to provide fair, safe sport for women and girls, but some people claimed it was unkind or complicated to do so”.

‘TRANS PEOPLE HAVE LOST ZERO RIGHTS’: JK ROWLING REACTS

JK Rowling was quick to praise the court’s decision. Picture: WireImage

Author JK Rowling praised the landmark UK Supreme Court ruling that determined transgender women are not defined as women because gender is based on biological sex.

Shortly after the judgment was handed down, Ms Rowling, who has been outspoken on women’s rights, posted on X: “It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK @ForWomenScot.

“I’m so proud to know you.

“Trans people have lost zero rights today, although I don’t doubt some (not all) will be furious that the Supreme Court upheld women’s sex-based rights”.

It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK. @ForWomenScot, I’m so proud to know you 🏴󠁧󠁢󠁳󠁣󠁴󠁿💜🏴󠁧󠁢󠁳󠁣󠁴󠁿💚🏴󠁧󠁢󠁳󠁣󠁴󠁿🤍🏴󠁧󠁢󠁳󠁣󠁴󠁿 https://t.co/JEvcScVVGS

— J.K. Rowling (@jk_rowling) April 16, 2025

But Lord Hodge made it clear the decision is not something people should celebrate.

“We counsel against reading this judgment as a triumph of one or more groups in our society at the expense of another,” he said.

“It is not”.

The judgment also stated: “The definition of sex in the Equality Act 2010 makes clear that the concept of sex is binary, a person is either a woman or a man”.

The Supreme Court decision ruled that only women who are born female should be protected as women under British legislation.

The history of the case goes back to 2018 after the Scottish government claimed that transgender women who have a gender recognition certificate should be allowed the same sex-based protections as biological women.

Susan Smith (left) and Marion Calder, directors of For Women Scotland, cheer as they leave the Supreme Court in London. Picture: Getty Images

Activist group For Women Scotland brought a challenge against the Scottish government following this decision.

The core of the case was to ascertain what sex means – whether it refers to biological sex or a person who has their gender qualified via a gender recognition certificate.

Conservative leader Kemi Badenoch praised Wednesday’s decision and said: “Saying ‘trans women are women’ was never true in fact and now isn’t true in law, either.

“The era of Keir Starmer telling us that some women have penises has come to an end. Hallelujah!”

Today’s Supreme Court ruling on the For Women Scotland case is a disgraceful attack on trans rights. In a process that excluded trans voices and centred anti-trans groups, this is not justice — it’s erasure. We will never stop fighting for our trans community 🏳️‍⚧️

— Thomas Willett (@ThomasWillett9) April 16, 2025

But trans activist and co-founder of campaign group Equality Amplified Thomas Willett said he was furious with the decision.

“Today’s Supreme Court ruling on the For Women Scotland case is a disgraceful attack on trans rights,” he wrote on X.

“In a process that excluded trans voices and centred anti-trans groups, this is not justice — it’s erasure. We will never stop fighting for our trans community”.

– with AFP

Originally published as Unisex toilets could become norm after UK court trans ruling