Women identifying as transgender are barred from women's locker rooms at Virgin Active gyms, following potential lawsuits from a prominent TV personality.
In a landmark decision, the UK Supreme Court unanimously ruled that the terms "woman" and "sex" in the Equality Act mean biological sex, invalidating prior interpretations that treated trans women with a Gender Recognition Certificate (GRC) as women under the law. This ruling has far-reaching implications, particularly in the realm of public services, where the Equality and Human Rights Commission (EHRC) has issued statutory guidance effectively banning trans women from accessing single-sex female spaces such as changing rooms, toilets, and women-only groups.
The EHRC guidance requires exclusion of trans women from female-only spaces in public and publicly accessible organizations, and trans men from male-only spaces, though mixed-sex or accessible facilities may be alternatives to avoid discrimination claims against cisgender women. This guidance applies broadly to public service providers, schools, leisure centres, workplaces, and some private organizations delivering public functions.
Fitness influencer Natalee Barnett, founder of a female-only gym, faced outrage on social media after stating that her gym is no longer trans-inclusive and will only serve as a 'safe space for biological women'. The decision was made following a threat of legal action by TV star Michelle Dewberry. The gym chain, with 230 clubs based across eight countries worldwide, is awaiting further guidance from the Equality and Human Rights Commission (EHRC) to help implement the Supreme Court's ruling.
The policy previously permitted both transwomen and non-binary individuals from entering female changing rooms. However, the new guidance snubs demands for a watered-down ban on trans people using women's toilets and changing rooms, according to certain women's rights activists. Leading women's rights campaigner Kellie-Jay Keen has stated that the EHRC has failed women and served them abysmally over the last few years.
The new guidance is expected to cover charities as well as gyms. It is important to note that there is acknowledged controversy and legal challenge, as well as reports of negative impacts on trans people and some organizations (including HMRC) defying or resisting the guidance, continuing to allow trans staff access to facilities matching their gender identity. The ruling and guidance have been criticized by trans rights advocates for being discriminatory, harmful, and based on a narrow and arguably outdated concept of “biological sex” without scientific clarity.
In April, Virgin Active announced a new policy stating that members and visitors who use a changing room marked as 'male' or 'female' must select the one that matches their biological sex. This policy, like the Supreme Court's ruling and the EHRC guidance, has sparked debate and controversy, with the ruling lauded by gender critics and condemned by trans activists. Fiona McAnena, director of campaigns at human rights charity Sex Matters, has stated that Ms Barnett is well within her legal rights to implement the single-sex rule.
As the situation continues to evolve, it is clear that the issue of trans inclusion in single-sex spaces is a complex and contentious one. The new guidance and legal rulings are expected to have significant impacts on trans people, women, and organizations across the UK. The Equality and Human Rights Commission (EHRC) is expected to submit new guidance to women and equalities minister Bridget Phillipson, which is due to be submitted later this month. Phillipson is reportedly poised to green-light the measures as long as they conform with the law. Kellie-Jay Keen also stated that if the new measures make women safer, they are welcomed, but the issue is insane and they need to get back to commonsense.
- The new guidance from the Equality and Human Rights Commission (EHRC) extends to charities, not just gyms, and it has significant implications for trans people, women, and organizations in the UK.
- The policy changes, such as the one implemented by the gym chain, which only serves as a 'safe space for biological women', have sparked debates and controversies in the realm of public services and sports, including video dissections on news channels.
- The Supreme Court's ruling, EHRC guidance, and policies by organizations like Virgin Active, have far-reaching effects on policy-and-legislation and politics, as they address issues related to health, such as the rights of trans individuals and the safety of women.
- Trans women are facing exclusion from female-only spaces under the new EHRC guidance, as well as trans men from male-only spaces, leading to outcry and claims of discrimination from trans rights advocates.
