Green Party calls for ‘rushed’ single-sex guidance to be withdrawn after Supreme Court ruling
"Think again, consult everyone who will be affected by this guidance and come back with something more thought out"
The Green Party of England and Wales has called for “rushed” single-sex guidance to be withdrawn after the Supreme Court’s ruling that the term ‘woman’ in UK law refers only to ‘biological women’.
Greens co-leader Carla Denyer made the call on BBC One politics show Sunday with Laura Kuenssberg yesterday (Sunday 27 April 2025).
The ruling, announced by Lord Patrick Hodge earlier this month, states that “the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.”
“Ill-considered and impractical” – Carla Denyer
Denyer called the resulting interim guidance affecting women’s and LGBTQ spaces from the Equality and Human Rights Commission (EHRC) “ill-considered and impractical”.
Trans people are now prevented by law from using facilities in hospitals, shops, and restaurants that correspond with their gender. And yet, as per the guidance, ‘trans people should not be put in a position where there are no facilities for them to use.’
Denyer said: “The EHRC guidance seems to be saying that if a lesbian association or venue wants to be inclusive and wants to include trans women – and let’s bear in mind non-trans lesbian women are amongst the most supportive of trans people in the whole of society – so a lot of lesbian and LGBTQ organisations are going to want to include trans people; the advice seems to say they won’t be allowed to.”
“The Greens are calling for the guidance to be withdrawn,” Denyer continued. “It’s clearly rushed and ill-thought out, and they haven’t consulted the people who will be affected. We’re saying withdraw it, think again, consult everyone who will be affected by this guidance and come back with something more thought out.”
ECHR interim guidance on single-sex spaces – a snapshot
“In workplaces and services that are open to the public: trans women (biological men) should not be permitted to use the women’s facilities and trans men (biological women) should not be permitted to use the men’s facilities, as this will mean that they are no longer single-sex facilities and must be open to all users of the opposite sex.
“In some circumstances the law also allows trans women (biological men) not to be permitted to use the men’s facilities, and trans men (biological woman) not to be permitted to use the women’s facilities.
“However where facilities are available to both men and women, trans people should not be put in a position where there are no facilities for them to use where possible, mixed-sex toilet, washing or changing facilities in addition to sufficient single- sex facilities should be provided.”
Earlier this year, Denyer – who is bisexual – appeared on Attitude 101, empowered by Bentley: our annual list of 101 influential LGBTQ people.
“Am I going to be standing outside toilets? I’m probably not” – Labour’s Pat McFadden
Speaking on the same show, Labour MP and Cabinet Office minister Pat McFadden claimed the “logical consequence” of the Supreme Court’s ruling and resulting guidance was “people use the facilities of their biological sex”.
Asked if the government would ban trans people from using changing rooms and toilets corresponding with their gender in its own buildings, he answered: “In reality, when you say ban, am I going to be standing outside toilets? I’m probably not. There isn’t going to be toilet police. But that is the logical consequence of the court ruling and the EHRC guidance.”
“Lots of people are quite worried and anxious” – Ed Davey, leader of the Lib Dems
Lib Dem leader Ed Davey also appeared on the show, saying of the matter: “We want to ask more questions about this. Because we do need answers. Lots of people are confused. Lots of people are quite worried and anxious in the trans community and elsewhere.
“We do need more guidance. Let me give you one example, [… a trans man] – the court ruling as I understand it, they can’t use a man’s toilet, but should use a women’s toilet. And I’m not sure if the guidance is dealing with that. First of all, would a trans man want to use that women’s toilet? And secondly, if they go into that women’s toilet, that could cause some anxiety, obviously. And even worse than that, safety should be at the core of how we test these different guidelines. Would that mean a man can go into a women’s toilet and say: ‘Oh, I’m a trans man.’ That would cause even more worries for lots of people. It is a bit confusing.”