Single Sex Spaces and Sex Based Rights

1. Sex is a protected characteristic in the EqA2010. It is defined as being either male or female.

Everyone has a birth sex and a legal sex. Mostly they match. A small number of people change their legal sex.

2. In order to provide single sex spaces it is necessary to discriminate on the basis of sex. Men must be barred from entry into women’s spaces.

3. Single sex spaces are a vital pillar of women’s sex based rights under the EqA 2010.

Sex matters on hospital wards, changing rooms, gyms and youth hostels.

4. People who reassign their gender to the opposite of their birth sex have the protected characteristic of gender reassignment.

This protects them from harassment and discrimination for being who they are but it doesn’t change their legal sex.

5. Single sex spaces can be maintained on the basis of
birth sex, in which case men and all transwomen must be excluded

This is not a roll back of rights. It is the current law in the U.K.

6. Much of the guidance provided by U.K. public bodies regarding single sex spaces is incorrect and misleading. It needs updating to bring it in line with the law.

Addendum: although legal sex may be changed via obtaining a GRC, birth sex will not change regardless of surgery, hormones or presentation.