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New official guidance has been introduced concerning the organization of single-sex public spaces, such as toilets and changing rooms, which must now be arranged according to biological sex. The Equality and Human Rights Commission (EHRC) issued this code, which is now enforced across England, Wales, and Scotland, despite some parliamentary opposition. The guidance states that transgender individuals should either use gender-neutral facilities or those corresponding to their biological sex in locations including gym changing rooms and rape crisis centers.
The EHRC’s code, which came into effect recently after its publication in June, reflects the interpretation of equality law established by the UK Supreme Court 16 months earlier. The court ruled that “sex” within the Equality Act refers to biological sex, not gender identity. This new guidance provides clear instructions for a variety of organizations, ranging from cafes and leisure centres to shelters for domestic violence victims and recreational clubs. It asserts that when it is reasonable for certain facilities or services to be single-sex, access should be limited to individuals of that biological sex. For example, trans women, individuals assigned male at birth who identify as female, are not to use women-only spaces, and similarly, trans men are restricted from men-only areas.
At the same time, the code acknowledges that forcing transgender people to use services based strictly on their biological sex may constitute discrimination. As a solution, gender-neutral facilities are recommended as alternatives to single-sex spaces. The Equality Act protects people on two grounds: biological sex and gender reassignment. This dual protection has led to conflicting perspectives, with transgender advocacy groups emphasizing rights based on gender identity and some women’s and LGBTQ+ organizations emphasizing the importance of sex-based protections. These conflicting views underpin both the Supreme Court decision and the EHRC’s updated code. Legal challenges seem likely, coming from both trans-rights activists who oppose the guidance and sex-based rights advocates who seek to ensure adherence to it.
The draft version of the code was submitted for approval in September 2025 to the equalities minister, Briget Phillipson. Although an amendment was added earlier that year, and despite a motion signed by 167 MPs requesting the draft guidelines be scrapped, the code was not debated in Parliament. Several organizations, including the Women’s Institute and Girl Guiding—which have long maintained female-only membership policies—have confirmed changes in line with the guidance. While trans-rights activists have voiced strong opposition, arguing the code restricts access to vital services and creates unsafe public environments, supporters who advocate for sex-based rights say it provides much-needed legal clarity. Maya Forstater of the charity Sex Matters stated, “The law is clear and the code is practical, giving many examples that apply to everyday services.
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