EHRC Issues Update on Single-Sex Spaces, Faces Backlash

Following a recent UK Supreme Court ruling, the Equality and Human Rights Commission (EHRC) issued an interim update clarifying that, under the Equality Act 2010, the terms 'man' and 'woman' refer to biological sex, not gender identity, meaning trans individuals do not change legal sex status even with a Gender Recognition Certificate. The EHRC's guidance states that trans women should generally not be permitted in women's facilities and trans men not in men's facilities, though it emphasizes that trans people should not be left without access to any facilities. The update has sparked significant controversy, with gender-critical campaigners welcoming the clarification while trans activists and some political groups argue the guidance is discriminatory, increases the risk of outing trans individuals, and may breach privacy rights. Critics, including the Scottish Green Party, claim the EHRC position is excessively harsh and lacks clarity, potentially creating new uncertainties for organizations. The EHRC plans to release updated statutory guidance and is soliciting public input on how best to implement the ruling. Meanwhile, the Scottish government has expressed a desire to work with the EHRC to ensure the forthcoming guidance is consistent, inclusive, and comprehensive.