Please or to access all these features

Feminism: Sex and gender discussions

Supreme Court - are single gender spaces still allowed?

266 replies

DisappearingGirl · 16/04/2025 16:24

I have a question.

The Supreme Court judgement makes clear that organisations are allowed to provide single sex spaces, services and sports which exclude all those of the opposite biological sex.

However, are they obliged to do this?

Can they still choose to define a space or service as "single gender" (e.g. anyone who identifies as a woman)? Or would this discriminate against males who aren't trans? In which case would they have to choose between "single biological sex" or "everyone"?

In the case of toilets, I think mixed sex (including "single gender") would need to be self contained, but not sure about the rules for other spaces / services / sports.

Basically I'm wondering if organisations can just choose to say, well we've decided trans women can still use our women's spaces/services etc.

OP posts:
Thread gallery
10
shrinkingthiswinter · 17/04/2025 13:54

No. There is no concept of gender separate from sex in UK law.

You can discriminate on the basis of sex under the EA exemptions - e.g. you can refuse men access to certain jobs or groups or accommodation.

But you can’t discriminate on the basis of made up nonsense that has no legal status like feeling that someone has a genuine gender identity or not. You can’t say ‘only men with special feelings can come in’.

MarkWithaC · 17/04/2025 13:52

I wonder what will happen with the Hampstead swimming ponds?

AmIHumanOrAmIAYeti · 17/04/2025 13:42

marmaladeandpeanutbutter · 17/04/2025 13:14

@AmIHumanOrAmIAYeti thats a disgusting remark. I don’t like any porn and I think your response was idiotic. You just like how you sound.

Letting men into cubicles used by women, be they changing or toilet, gives them clear opportunity to hide cameras. It’s happening. You might be fine with it. I’m not.

marmaladeandpeanutbutter · 17/04/2025 13:14

@AmIHumanOrAmIAYeti thats a disgusting remark. I don’t like any porn and I think your response was idiotic. You just like how you sound.

CheekySnake · 17/04/2025 09:24

DisappearingGirl · 17/04/2025 09:06

This is interesting and I'm torn on this!

Also I'm not sure if you're referring to mixed sex social groups or women's social groups? If mixed sex then yes of course trans people should be welcome.

If they are women's groups, I'm not sure how I feel. I probably wouldn't overly mind if a trans woman joined, but some women really need/appreciate a social space without males. Also I've read various accounts of certain creepy males trying to join as many women's groups as possible under the guise of trans (not suggesting for one second that most genuine trans people are creepy, just that this is an easy "in" for creepy blokes).

So, tricky one for me!

Can you define 'genuine trans'

This is the sticking point for me. What does 'genuine' mean. And someone can really believe they should have been the opposite sex and still get a sexual thrill from being in spaces intended for the opposite sex, the two aren't mutually exclusive (and actually, I would argue, are two sides of the same coin).

And why should we be taking that man's wants into consideration at all, when it comes to women's spaces?

Ilovetowander · 17/04/2025 09:22

I have not joined a couple of things which are for women as they admit men who identify as women. I did ask about this issue before and was told that was what they did as they admitted women clearly it was pointless continuing the conversation. I will now ask again

AmateurNoun · 17/04/2025 09:17

DisappearingGirl · 17/04/2025 09:12

Also going back to the point about different rules based on how far someone has physically transitioned - the Supreme Court was clear that they didn't want to create two tiers of trans people with different rights (with and without a GRC) so I think the same would apply here. Also I think there would be a real risk of people feeling pushed into very invasive surgery they might not otherwise have had, which would be unethical.

But that was in the context of service providers etc not employers. Employers will have access to more information.

The SC did refer to Croft on the comparator issue approvingly without any suggestion that it was affected. As I say, the underlying principle in Croft derives from Human Rights rather than the Equality Act and the SDA, so it doesn't appear to be affected.

AmIHumanOrAmIAYeti · 17/04/2025 09:15

marmaladeandpeanutbutter · 16/04/2025 16:47

Perhaps the solution is a bank of individual cubicles including sink, which anyone can use?

Only if you’re a fan of Primark porn.

DisappearingGirl · 17/04/2025 09:12

Also going back to the point about different rules based on how far someone has physically transitioned - the Supreme Court was clear that they didn't want to create two tiers of trans people with different rights (with and without a GRC) so I think the same would apply here. Also I think there would be a real risk of people feeling pushed into very invasive surgery they might not otherwise have had, which would be unethical.

OP posts:
DisappearingGirl · 17/04/2025 09:06

AltitudeCheck · 17/04/2025 08:44

I think there may be more push back on whether making a space / group specifically for 'women' is necessary.

I'm delighted people can now ask for / get SS spaces and services when there is a genuine need. It's less clear if we need SS craft groups / book clubs etc.

I'm disappointed (but not surprised) at some of the anti-trans views I'm seeing on social media. Some people seem to be gloating about being able to use this ruling exclude TW socially, or speaking as though it becomes mandatory for groups to exclude TW if they use the word women in their description. I support including TW / TM socially and respecting how they want to interact with the world in situations where sex/ biology aren't relevant.

This is interesting and I'm torn on this!

Also I'm not sure if you're referring to mixed sex social groups or women's social groups? If mixed sex then yes of course trans people should be welcome.

If they are women's groups, I'm not sure how I feel. I probably wouldn't overly mind if a trans woman joined, but some women really need/appreciate a social space without males. Also I've read various accounts of certain creepy males trying to join as many women's groups as possible under the guise of trans (not suggesting for one second that most genuine trans people are creepy, just that this is an easy "in" for creepy blokes).

So, tricky one for me!

OP posts:
EasternStandard · 17/04/2025 09:01

Incredible on radio someone told not to use ‘biological woman’. Just woman.

The ruling means we get our word back.

Amazing.

DisappearingGirl · 17/04/2025 08:57

PriOn1 I agree, I think the landscape has changed. The GRA was 20 years ago and at that time it was understood to apply to the small group of old-school transsexuals who had actually undergone, or were about to undergo, a fair amount of medical treatment. Personally 20 years ago I was not bothered about the small chance of seeing a transsexual person in the loo. I do feel sorry for this group now that Stonewall and TRAs have upset the balance.

I don't think there was any such word as "transgender" or any such concept as just declaring "I'm a woman" back then.

We've also seen a big increase in cosmetic surgery generally (not just relating to trans) so the landscape has changed there as well. Plus the influence of the internet and social media.

I agree that if this is covered again in the present day it would have to take account of the current ruling and the current meaning of trans.

OP posts:
CheekySnake · 17/04/2025 08:56

AltitudeCheck · 17/04/2025 08:44

I think there may be more push back on whether making a space / group specifically for 'women' is necessary.

I'm delighted people can now ask for / get SS spaces and services when there is a genuine need. It's less clear if we need SS craft groups / book clubs etc.

I'm disappointed (but not surprised) at some of the anti-trans views I'm seeing on social media. Some people seem to be gloating about being able to use this ruling exclude TW socially, or speaking as though it becomes mandatory for groups to exclude TW if they use the word women in their description. I support including TW / TM socially and respecting how they want to interact with the world in situations where sex/ biology aren't relevant.

For women = female only.

A book group for women recovering from domestic violence might need to be single sex. Same for a crafting group for women recovering from breast cancer.

I grew up with DV. Father was an utter monster. By my late teens, I was self harming, borderline anorexic, had selective mutism and crippling social anxiety. I was terrified of men. I couldn't go anywhere that men might be. I couldn't go in a shop if there was a man behind the counter. I once had a panic attack and hid at the bottom of the school field because I went to a school event (girls school) and there was a group of teenage boys there. For a year, the only place I went was the female only session at the local council run gym. No male staff worked there during that time.

So yes, we do need female only things even when women aren't undressing.

EasternStandard · 17/04/2025 08:54

A health minister couldn’t answer what this meant for changing rooms / hospitals etc

I’m very happy about this ruling, angry women have been gaslighted for so long.

But I’m still not certain what we will see. I hope we get single sex spaces back.

CheekySnake · 17/04/2025 08:51

Oblahdeeoblahdoe · 16/04/2025 17:27

A local bar has decided that either sex can use both sets of toilets that clearly used to be single sex. Not enclosed cubicles with a sink. Apparently women are welcome to use the urinals or the cubicles in the former men's. I'm not sure if they are breaking the law. Can I insist on single sex toilets?

I think there is something to do with toilet provision where it's ok to provide mixed sex if there isn't room for single sex, eg in a little cafe.

Maybe women should start using the urinals. I predict that would change things pretty quick.

AltitudeCheck · 17/04/2025 08:44

I think there may be more push back on whether making a space / group specifically for 'women' is necessary.

I'm delighted people can now ask for / get SS spaces and services when there is a genuine need. It's less clear if we need SS craft groups / book clubs etc.

I'm disappointed (but not surprised) at some of the anti-trans views I'm seeing on social media. Some people seem to be gloating about being able to use this ruling exclude TW socially, or speaking as though it becomes mandatory for groups to exclude TW if they use the word women in their description. I support including TW / TM socially and respecting how they want to interact with the world in situations where sex/ biology aren't relevant.

PriOn1 · 17/04/2025 08:19

Hopefully, if the GRA was repealed, the recent ruling on single sex space provisions under the EA would supercede previous case law.

There is inherent regognition in the current ruling that gender reassignment never creates a situation where the person becomes the opposite sex.

If they want to argue that gender reassignment does, at some point, change your sex, then they are going to have to argue that position from scratch.

They will need to argue it, openly, without obfuscation of language, without using under-the-radar tactics and without lying about how the law works.

By doing all the above, they have set back the rights of medically transitioning transsexuals by years. They may even have created a situation where that group of males will never again find an opening for being treated politely as if they were women.

All the teeth gnashing and woman bashing is ironic, because this is a situation wholly created by deliberately deceptive transactivism.

Signalbox · 17/04/2025 07:58

AmateurNoun · 17/04/2025 07:04

Well as I say it's not 100% clear. The quote from the case is in my first post upthread. Some people think that has been overtaken and now the point that it changes is when a GRC is obtained, but it's hard to be certain in the absence of further case law.

My understanding is the way the law works here is that the legislation supersedes previous case law. Nobody is arguing anymore that a TW needs to reach a certain stage in transition in order to do anything. This was not an argument in the Peggie case or the EBPF case. Before the SC decision the question being asked was does this person say they are trans and do they have a GRC. Beyond that there is no enquiry about how far that person has gone in their transition journey. Having a vaginoplasty doesn’t give you a greater entitlement to use the women’s changing room or run in sports. This is old pre-GRA caselaw. And it’s what we would return to if the GRA was repealed.

AirborneElephant · 17/04/2025 07:37

shuggles · 16/04/2025 22:37

@Grammarnut That was clarified. 'sex' means 'biological sex'.

Thanks for that. Would have been nice if the BBC had been clearer.

The 1975 Discrimination Act defines male and female - in the context of some jobs needing a male bodied person, for example.

What jobs can only be done by a male-bodied person? Care professions where a patient might specifically request a male or female caregiver, but that's it really.

I can't think of any jobs that men can do that women cannot.

Porn star? Male stripper? Penis model? Maybe not mainstream, but all legal.

AmateurNoun · 17/04/2025 07:04

Signalbox · 16/04/2025 23:32

i.e. that transwomen eventually gain the right to use women's toilets at work

At what point do they gain the right?

Well as I say it's not 100% clear. The quote from the case is in my first post upthread. Some people think that has been overtaken and now the point that it changes is when a GRC is obtained, but it's hard to be certain in the absence of further case law.

IwantToRetire · 17/04/2025 01:32

Just to add I answered the OP question on the basis that it was meant to be about single SEX spaces as gender is a social concept not a fact!

IwantToRetire · 17/04/2025 01:30

GargoylesofBeelzebub · 16/04/2025 20:04

Does this ruling mean that rape crisis Scotland cannot continue to allow males to access services as they are a women's organisation

Rape Crisis centres and Women's Aid refugees are all independent groups, but are usually affiliated to other groups like themselves.

However decisions on how groups are run and services provided are down to the governing board of each group.

There is no law that says any group has to provide women only services.

Nor for instance are funders told you must ensure you fund equally.

So in effect if a local council or funder said to a local women's support group we will fund you but you must be trans inclusive (which has happened to many groups) the group could continue to provide services but none of them would be women only.

What they cant do, and this was true before yesterday, is advertise that their services comply with the SSE (not sure if they will go on being that).

As we know from IamSarah's case in Brighton, the service provider was funded by the local council be was not obliged to provide women only services. But are local council's in breach of equality themselves if they fail to equally fund women only service and trans inclusive services. Or are they discriminating against the sex class of women if they dont fund any SSS.

Over and above the politics or policies of service providers, one of the biggest pressures on groups in the funders setting guidelines on how their money should be used.

Not forgetting that more women's project have been closed in the past year by local councils because as far as they are concerned women only services are too expensive to fund. Why should women get a refuge when they can just be sent to a mixed sex hostel. So underneath the issues of today's court case where TRAs have tried to manipulate the law, is the far older hostility and disregard of women of the overarching MRAs who seem to be just a plentiful generation after generation.

MolluscMonday · 16/04/2025 23:35

Watching the WI with interest, i’d love them to have to actually serve women again.

Signalbox · 16/04/2025 23:32

AmateurNoun · 16/04/2025 23:21

My opinion is the central principle still stands - i.e. that transwomen eventually gain the right to use women's toilets at work (relying on the Human Rights Act) but employers can say that they should use the disabled toilets during their transition.

The decision noted that the GRA would be coming in and a lot of people have taken the view that the point that one gains access to the women's toilets at work is now when a GRC is granted (see e.g some of the comments in the case of R (Green) v SSfJ which was post GRA but heavily cited Croft) but that aspect seems less perhaps a little less certain following today's judgment.

But I haven't seen anything in today's judgment to undermine the central principle, nor cases such as A v Chief Constable of West Yorkshire Police which held that a transwoman police officer had the right to carry out intimate searches of women.

So, as I say, I think we have seen some progress today, but it doesn't change some of the troubling case law.

Edited

i.e. that transwomen eventually gain the right to use women's toilets at work

At what point do they gain the right?

AmateurNoun · 16/04/2025 23:21

Signalbox · 16/04/2025 23:07

Croft was pre GRA. Does it stand? The GRA changed the way the law treated trans. It shifted away from going through transition journey to acquiring a certificate. Michael Foran refers to this when he has talked about the difficulties of repealing the GRA. He says we would effectively go back to how things were pre GRA.

My opinion is the central principle still stands - i.e. that transwomen eventually gain the right to use women's toilets at work (relying on the Human Rights Act) but employers can say that they should use the disabled toilets during their transition.

The decision noted that the GRA would be coming in and a lot of people have taken the view that the point that one gains access to the women's toilets at work is now when a GRC is granted (see e.g some of the comments in the case of R (Green) v SSfJ which was post GRA but heavily cited Croft) but that aspect seems less perhaps a little less certain following today's judgment.

But I haven't seen anything in today's judgment to undermine the central principle, nor cases such as A v Chief Constable of West Yorkshire Police which held that a transwoman police officer had the right to carry out intimate searches of women.

So, as I say, I think we have seen some progress today, but it doesn't change some of the troubling case law.