MAKING THE LIVES OF TRANS+ PEOPLE HARDER WILL NOT MAKE THE LIVES OF WOMEN EASIER.

On the 16th April 2025, the Supreme Court ruled that for purposes of the Equality Act, the definitions of ‘sex’, ‘man’, and ‘woman’ refer only to an individual’s sex as noted at birth. Zero trans+ people were consulted during the process of this ruling, and the outcome was deemed fully erasive of the lived experiences of trans+ & intersex people.

50,000 medics of the BMA condemned the ruling, saying it was both ‘scientifically illiterate’ and ‘biologically nonsensical’. Following at least two rounds of draft guidance which were deemed unworkable, the Equality & Human Rights Commission’s official guidance comes into effect today (5th August).

On the 16th April 2025, the Supreme Court ruled that for purposes of the Equality Act, the definitions of ‘sex’, ‘man’, and ‘woman’ refer only to an individual’s sex as noted at birth. Zero trans+ people were consulted during the process of this ruling, and the outcome was deemed fully erasive of the lived experiences of trans+ & intersex people.

50,000 medics of the BMA condemned the ruling, saying it was both ‘scientifically illiterate’ and ‘biologically nonsensical’. Following at least two rounds of draft guidance which were deemed unworkable, the Equality & Human Rights Commission’s official guidance comes into effect today (5th August).

TOP LINE POINTS IMPACTING TRANS+ PEOPLE:

• The EHRC’s guidance advises trans+ people are to use bathrooms and gendered spaces aligned with their sex as noted at birth, if separate/single sex spaces are relied upon.
• This is regardless of whether someone has a Gender Recognition Certificate.
• Service Providers (with regard to bathrooms & changing rooms) are to provide a ‘third space’ or a gender neutral space, if separate sex spaces are provided(as opposed to mixed sex).
• If a venue doesn’t have a gender-neutral space which trans+ people can use, they could be accused of discrimination.

LET’S KEEP IN MIND:

• There is no criminal law prohibiting trans+ people from gendered spaces such as bathrooms.
• There are no laws allowing abuse or harassment of any kind, in gendered spaces or anywhere else.
• Trans+ people are legally protected from harm and abuse in all settings.
• Venues are not legally obligated to become the gender police.
• Venues are not legally obligated to have gendered spaces – going fully gender neutral is an option.

BEFORE TODAY, HAVE WOMEN BEEN MORE UNSAFE DUE TO TRANS+ PEOPLE IN GENDERED SPACES?

• Trans+ people make up around 0.5% of the UK’s population. Trans women make up around 1 in 1,000 of the UK’s population. (Source: Census 2021)
• If you recently used a gendered space (such as a public bathroom), it is very unlikely a trans+ person was sharing the space at the same time due to being a small minority of the population.
• Data shows the most unsafe place a woman can be is not a public bathroom, but her own home, due to someone she already knows.
• There is no substantial data showing trans+ people are causing harm to women in gendered spaces, or anywhere else in daily life.

THE BIGGEST THREATS WOMEN FACE ARE NOT WAITING FOR THEM IN PUBLIC BATHROOMS.

1 in 4 women will experience domestic abuse in her lifetime. Every 30 seconds, the police are called about domestic abuse. Every 5 days, a woman loses her life at the hands of an abusive partner in England & Wales. (Source: Refuge)

Fuelling a narrative that the biggest threats to women are in public bathrooms distracts from the very real threats impacting all women. Where would we be if we were to tackle the above stats with the same energy & resources invested into the smear campaign trans+ people continue to navigate?

IN THE WAKE OF THIS GUIDANCE COMING INTO FORCE, WE CONTINUE TO PIONEER THE TRANS+ LED FITNESS, WELLNESS, AND SELF-DEFENCE MOVEMENT.

At Not A Phase, we have over 5,000 monthly Service Users who depend on us for trans+ inclusive spaces. We have recently concluded two of our pre-existing contracts with venues that did not meet the standard of inclusivity and progression our Misfits community deserves.

Our work and mission of uplifting the lives of trans+ people across the UK remains unchanged. Thank you to our supporters for making our work possible in this much-needed time for trans+ inclusive spaces.

Trans+ Solidarity Alliance is organising a rally in Parliament on Wednesday 9th September, 1:00 PM – 5:00 PM. Support the lobby by signing up here!

To support Trans+ Solidarity Alliance, head to: transsolidarityalliance.com  

FiveforFive is compiling an ‘Open Lavs’ unisex/inclusive bathroom map, which you can access and add to at the link in our bio.

To support the work of FiveforFive, visit: fiveforfive.co.uk

or access the Open Lavs resource at: openlavs.com