UK (Parliament Politics Magazine) – UK equalities chief Mary-Ann Stephenson calls on people to follow forthcoming single-sex space rules while protecting trans and women’s rights.
As reported by Eleni Courea of The Guardian, the head of the equalities watchdog said that while there will be no “toilet police,” the public should follow forthcoming single-sex space rules.
What did Mary-Ann Stephenson say about public guidance on single-sex spaces?
Mary-Ann Stephenson stated that
“generally speaking, we expect people to follow the rules and make sure that there is adequate provision.”
The Equality and Human Rights Commission is awaiting ministerial approval of guidance for organizations on complying with April’s Supreme Court ruling that legally defines women by biological sex.
Under the proposed rules, transgender people would be barred from using toilets aligned with their gender identity, with activists warning it could marginalize them from many public spaces.
Ms Stephenson, who took over as EHRC chair this month, said the issues could be resolved if goodwill is shown and everyone’s rights are respected.
She said,
“There are circumstances where it is very important for some women in particular that they do have access to single-sex spaces. It is also important that trans people don’t have a situation where there are no services that they can use.”
The EHCR chair added,
“Nobody is expecting there to be a toilet police but equally if there are situations where there are complaints about regular problems, then people might need to improve signage, improve explanations, make sure they’ve got alternative provisions.”
Campaigners have expressed concern that the guidance would require businesses to monitor whether individuals use bathrooms matching their sex at birth.
When questioned whether trans women are considered women, Ms Stephenson cited the Supreme Court, saying equality law defines men and women by their biological sex at birth.
She added that
“in most social situations I would want to treat people the way they want to be treated.”
Ms Stephenson’s appointment as EHRC chair faced backlash from trans rights campaigners, who highlighted her financial support for Allison Bailey, a lawyer who partly won a tribunal over claims of gender-critical discrimination.
She explained her donation to Bailey’s case, saying she was concerned that women faced harassment and job losses over their legally held beliefs.
According to reports, EHRC sources said ongoing staff concerns over single-sex space guidance were diverting attention from other pressing issues, including the rise of far-right activity.
Pressed if political debate was fueling race-based discrimination and harassment, Ms. Stephenson said she was concerned about the trend, saying,
“Yes, I think so. If you look at the level of racist harassment, the level of discrimination that black or Asian or other ethnic minority people can face in the UK, we do have a problem.”
“Public discourse can make that worse … I don’t know if we’re going backwards, but I can understand the fear that we might do. Sometimes it’s easy to get complacent, to think certain battles have been won, and that we’ve solved this problem,”
she added.
Ms Stephenson continued that “history shows us that rights can improve and that they can get worse” and that “the critical thing is to remain vigilant.”
What did the Supreme Court rule about trans women and the legal definition of ‘woman’?
The UK Supreme Court ruled in April that trans women are not legally recognised as women under the Equality Act in a landmark judgment. Campaign group For Women Scotland had launched a series of challenges, including appeals to the nation’s highest court, over the definition of “woman” in Scottish law, which mandates 50 per cent female representation on public boards.
In a detailed 88-page ruling, Lord Hodge, sitting with Lords Reed and Lloyd-Jones and Ladies Rose and Simler, said that while the Equality Act does not use the term “biological,” the ordinary meaning of its clear and unambiguous words aligns with the biological traits that define a man or a woman.
Commenting on the ruling, Jane Fae, director of trans group TransActual, warned it could deepen divisions between queer-friendly and queer-hostile spaces, saying society “will be the poorer for it.”
The campaigner added,
“The entire trans community is devastated. Irrespective of the small print on this ruling, the intent seems clear: to exclude trans people wholesale from participating in UK society. This morning, we are feeling very alone. That, though, is today. We have come through worse before and trans people are not going away. Whatever the non-trans world throws at us, we will be back, each time, stronger than before.”
Referring to the Supreme Court’s ruling, Tory leader Kemi Badenoch said,
“The era of Keir Starmer telling us women can have penises has come to an end.”
She added,
“Saying ‘trans women are women’ was never true in fact, and now isn’t true in law either. This is a victory for all of the women who faced personal abuse or lost their jobs for stating the obvious. Women are women and men are men: you cannot change your biological sex.”
What is the Equality Act?
The Equality Act 2010 is the UK’s primary anti-discrimination law, which legally protects individuals from discrimination, harassment, and victimisation in the workplace and in wider society. It came into force on October 1, 2010.
The Act was created to simplify and consolidate a large body of existing, separate anti-discrimination laws into a single, comprehensive legal framework, making it easier to understand and apply. This protects various areas, including employment, education, housing, provision of goods and services, and public functions.
