Equality Chief Rules Out ‘Toilet Police’ Amidst Single-Sex Space Guidelines

The new chair of the Equality and Human Rights Commission (EHRC), Dr. Mary-Ann Stephenson, has stated that there is no expectation for a ‘toilet police’ to enforce upcoming guidance regarding single-sex spaces. Instead, she emphasized the importance of adherence to the rules once they are established.

In an interview, Dr. Stephenson explained that resolution of potential conflicts hinges on goodwill and acknowledgment of everyone’s rights. This guidance, which targets businesses and service providers, emerged following a unanimous Supreme Court decision in April that clarified the definition of a woman under the Equality Act 2010 as being based on biological sex.

Dr. Stephenson’s remarks were part of her inaugural interview in her new position, aired on a Sunday program. The EHRC’s guidance has been with the government for three months, awaiting formal publication which would lend it legal authority.

Designed to assist various organizations—like women’s shelters, fitness centers, hospitals, and retail locations—the guidance seeks to interpret the Supreme Court ruling effectively. A leaked 300-page document reveals that single-sex spaces must be reserved for individuals of the same biological sex, implying that a trans woman, defined as a biological male identifying as female, would be barred from accessing women’s restrooms and changing facilities.

According to the guidance, businesses may justifiably require proof of an individual’s biological sex through reasonable means. This directive has sparked considerable debate and discontent among certain transgender advocates.

Dr. Stephenson remarked, ‘No one anticipates the presence of a toilet police.’

She added, however, that if complaints arise regarding persistent issues, it may be necessary for service providers to enhance signage, clarify protocols, or ensure alternative facilities are available.

Addressing concerns about what trans individuals should do in the absence of alternatives, Dr. Stephenson suggested that unisex options are often available and emphasized the need for broader thinking to ensure access to necessary facilities.

For instance, if a provider has two separate cubicles labeled for men and women, she advised that making both areas unisex would be the most practical solution.

Since her appointment in July, Dr. Stephenson has faced criticism from some transgender activists, particularly due to her financial support of lawyer Allison Bailey’s case, which highlighted discrimination against gender-critical perspectives.

In the interview, she asserted her commitment to maintaining objectivity while addressing transgender matters. She explained her contribution to Bailey’s case stemmed from her concerns about women facing harassment and job loss due to their legally held beliefs.

Dr. Stephenson expressed alarm over the experiences of women attempting to convene discussions regarding legislative changes, stating, ‘In a democracy, people should be free to meet and debate proposed laws without fear of violence or intimidation.’

She concluded by emphasizing that supporting democratic norms and open dialogue should not be misconstrued as taking sides.

The complete interview featuring Dr. Stephenson will be broadcasted on Sunday.