More than 1600 leaders from the UK’s Culture Sector have signed an open letter to the Equality and Human Rights Commission, expressing concerns about an interim update published following the UK Supreme Court ruling on the legal definition of a woman.
In mid-April, Supreme Court judges unanimously ruled the terms “woman” and “sex” in the Equality Act 2010 refer solely to a biological woman and biological sex. Shortly afterwards, the EHRC published its interim update on the practical implications of the judgment, including the provision of toilet facilities in public buildings. The update states that “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.” It continues, “where possible, mixed-sex toilet, washing or changing facilities in addition to sufficient single-sex facilities should be provided.”
The practical implications of the update could be far-reaching for the UK’s cultural spaces. The open letter, initiated by Clare Reddington, CEO of the independent cinema Watershed in Bristol, points out that venues, many of which are already facing significant financial challenges, are frequently based in historical and listed buildings and would be “unable to magic up new toilet facilities.”
In addition, the letter states that the update overlooks the need to protect trans, nonbinary and intersex people from discrimination: “The interim update requires employers and venue owners to breach privacy rights and data protection laws, and asks staff to engage in unlawful and degrading practices. We are unable and unwilling to police the gender of people using our toilets.”
Signatories of the letter from the music industries include Simon Wales, CEO of Bristol Beacon, Charles Hazlewood, Principal Conductor of Paraorchestra, the joint chief executives and general directors of Welsh National Opera Adele Thomas and Sarah Crabtree, Sally Currie, CEO of disability music charity Drake Music and Spitalfields Music CEO and Artistic Director Sarah Gee.
The letter concludes, “We urge you to undertake full and appropriate consultation with those running cultural venues and public buildings to understand the impact this would have on operations, our ability to keep people safe and our ability to ensure inclusive and welcoming spaces.”
The EHRC has faced criticism on this issue in the past. The Global Alliance of National Human Rights Associations placed the body in review in 2023 following complaints from UN independent expert Victor Madrigal-Borloz and Stonewall. The EHRC had given the then-Conservative government advice to redefine the Equality Act 2010 to state that sex solely referred to “biological sex”. Critics at the time included the EHRC’s former chair, David Isaac.
The EHRC is currently working to update its guidance, with a two-week consultation seeking views from affected stakeholders launching in mid-May. It aims to provide an updated Code of Practice to the UK government by the end of June.
In the meantime, the open letter invites concerned cultural leaders to continue to add their signatures.
