High Court confirms that trans women can use women’s facilities: Here’s what you need to know

Today (13 February) the High Court has handed down its decision on the lawfulness of the EHRC’s interim guidance and the fight for trans rights continues

BY NIC CROSARA, IMAGE BY MARKUS SPISKE VIA PEXELS

In April 2025, the UK Supreme Court ruled that the legal definition of “woman” and “sex” refers to biological women and biological sex in the Equality Act 2010. Following this, the Equality Human Rights Commission (EHRC) published its since-deleted interim guidance on single-sex spaces. Said guidance amplified transphobia in the UK and caused significant distress to trans+ people simply trying to exist publicly.

In May, the Good Law Project and a number of trans and intersex individuals began a legal challenge to the EHRC’s interim guidance. And today, following this challenge, the High Court has ruled that services may lawfully allow trans women to use women’s facilities.

Who is the Good Law Project?

This organisation is powered by people across the UK, it brings together legal action, investigations and campaigning to fight against hate and spread hope. Good Law Project’s commitment to fighting for trans rights saw the organisation awarded the Community Service Award at the Trans In The City 2025 gala.

What was the interim guidance?

The original guidance stated that trans people should not be allowed to use the toilets meant for the gender they live as. Not only this, but in some cases, they could not use the ones consistent with the sex they were assigned at birth.

What was the legal challenge?

In their challenge, the claimants stated that the EHRC’s guidance was either wrong in law, or if right, in breach of the UK’s obligations under the Human Rights Act 1998. They also asked the High Court to declare the UK in breach of its human rights obligations. Through their detailed legal analysis, the claimants explained why the EHRC’s guidance is not sustainable as a matter of law. In short, the definition of “man” and “woman” in the Equality Act 2010 does not read across to the different legislation which deals with toilets, and the normal legal meaning of those words, which include lived gender, continues to apply. They also warned that in interpreting the Equality Act 2010, the Supreme Court ignored its obligation in section 3 to comply with the UK’s obligations under the European Convention on Human Rights.

Since the publication of the EHRC’s original guidance, many politicians and organisations have claimed that the law now requires trans people to be excluded not only from toilets, but from all gendered spaces and services. This is seemingly the interpretation of the law that has been adopted by the EHRC in its draft Code of Practice, which is currently awaiting approval or rejection by the Minister for Women and Equalities, Bridget Phillipson MP.

The High Court’s ruling

The High Court has now confirmed that the above interpretation of the law is wrong. Service providers may lawfully allow trans women to use women’s facilities without being forced to open them up to cisgender men. Furthermore, such facilities may simply be labelled for “men” and “women”.

The court also clarified that it will likely be discriminatory to force trans people to use facilities based on the sex they were assigned at birth. In short, the law does not require a bathroom ban.

This is undeniably good news. The court’s decision means that the EHRC’s trans exclusionary draft Code of Practice does not accurately reflect the law, and Phillipson will have to send it back to be rewritten.

The fight for trans rights continues

The High Court also found the EHRC’s interim guidance had been widely misunderstood, reportedly the court did not interpret it as requiring a bathroom ban. This enabled the court to conclude that the interim guidance was not unlawful. This arguably disregards the fact that many service providers have told trans people they have to be excluded because of said guidance.

While the High Court confirmed that trans exclusion is not required in the context of service provision, its conclusions on workplaces are much more concerning. The court stated that unless toilets and changing rooms are provided in individual lockable rooms, employers must offer single-sex facilities, and these must be trans-exclusionary. The court did go on to clarify that this does not mean additional, inclusive facilities cannot be provided; on top of this, appropriate provision should be made for trans employees to avoid discrimination.

The High Court also claimed that requiring trans people to use third spaces will “rarely” be considered unlawful discrimination. Good Law Project has stated that they think this is wrong. Not only is it humiliating, but it also ignores the harm of outing trans individuals. The organisation has stated that, in practice, it means treating trans people as a third sex, which they believe is incompatible with the European Convention on Human Rights.

Responding to this news, a Trans+ Solidarity Alliance spokesperson has said: “The legal situation for trans people, employers and service providers is now completely incoherent. What bathroom a trans person can use in a pub may now depend whether they are there as an employee or for a drink. We are pleased the court has confirmed that the Equality Act does not function as a bathroom ban, but outdated workplace regulations have failed to keep up with modern times and last year’s Supreme Court judgment has made them entirely unworkable.”

Good Law Project has confirmed that they will appeal: “But for that we’ll need your help. Litigation is not cheap – the EHRC is claiming costs of almost £300k, and we have to pay our lawyers too. They think a big bill is going to stop us, because we’re not backed by billionaires or the government. But they’re wrong. Trans rights are human rights – and we will defend them.”

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