Following the recent Supreme Court ruling on sex and gender, Kemi Badenoch, leader of the Conservative Party, stated that transgender individuals can use disabled lavatories. She explained that these facilities are typically unisex, and since most businesses provide them, they are accessible to trans people. This comment follows the Court’s decision earlier this month, which clarified that transgender women are not legally considered women, specifically in the context of using women’s lavatories.
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The ruling, which reinforces the view that sex is biologically determined, implies that trans women should not be permitted to use women’s lavatories. Instead, the ruling advocates that the use of such facilities should be based on biological sex. This has led to expectations that more unisex lavatories will be introduced in public and private buildings across the UK, providing spaces for trans individuals to use.
In an interview with ITV’s Good Morning Britain, Mrs Badenoch argued that most businesses already offer disabled lavatories, which are unisex and, therefore, accessible to trans people. She emphasised that these facilities are distinct from gender-neutral spaces but still suitable for use by transgender individuals. However, she affirmed that single-sex spaces must remain restricted to individuals of the corresponding biological sex, as per the Court’s ruling.
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Baroness Falkner, chairwoman of the Equality and Human Rights Commission (EHRC), has suggested that trans rights groups focus their advocacy efforts on creating more unisex or “third spaces” in public buildings. These spaces would offer additional facilities for those who need them. While acknowledging that the law is clear about the distinction between single-sex and unisex facilities, she urged continued advocacy for inclusive spaces that meet everyone’s needs.
