Equalities Minister Bridget Phillipson has said that access to public facilities such as toilets should be determined by a person’s biological sex, aligning with a recent UK Supreme Court ruling. Speaking to BBC Radio 4's Today programme, Phillipson stood firm that the court’s judgment was “clear” in stating that services and spaces should be used in accordance with biological sex. While she did not directly state that trans women should use men’s toilets, she reiterated the legal interpretation: “The ruling is clear.”
The statement follows the Supreme Court’s decision that legally defines a woman based on biological sex, a move that has sparked ongoing discussion about the rights of transgender individuals in single-sex spaces. Labour leader Sir Keir Starmer welcomed the ruling, calling it a source of “much needed clarity” in an area that has seen considerable legal and public debate.
Phillipson further clarified that the law regarding trans women's access to single-sex spaces applies universally. She also noted that the Equality and Human Rights Commission (EHRC) is set to publish additional guidance and a statutory code of practice to help organisations provide services that are both respectful and inclusive. “It’s vital that all individuals, including trans people, can access safe and suitable facilities that uphold privacy and dignity,” she said, citing environments such as hospitals and changing areas as key examples.
When questioned on how the ruling affects the use of toilets specifically, Phillipson repeated: “The ruling was clear that provisions and services should be accessed on the basis of biological sex.” She acknowledged, however, that many businesses already offer unisex or gender-neutral options, helping to accommodate diverse needs. “Many places now have self-contained cubicles or unisex toilets,” she noted.
The EHRC has encouraged trans individuals to advocate for more inclusive, gender-neutral facilities—sometimes referred to as “third spaces”—to help ease tensions around the issue. Phillipson, who also serves as Education Secretary, added that gender-neutral toilet arrangements are increasingly common in everyday settings. “If you walk into your local family café, you’re likely to find a single cubicle that anyone can use,” she said. Under the Equality Act 2010, it remains legal to maintain single-sex spaces in instances where it is considered reasonable, particularly where service users may object to the presence of someone of the opposite sex.