The recent Supreme Court judgement on the definition of a women by “biological sex”, a concept described by BMA resident doctors as “scientifically illiterate” has caused real anxiety amongst trans people whilst not making women any safer. In fact, with the current media focus on toilets and changing rooms, it’s likely to lead to all women being less safe and subject to challenge if they don’t conform to gender stereotypes.

It’s a lose-lose if ever there was one. The Equality and Human Rights Commission has issued interim guidance regarding the use of single sex facilities which is about as extreme as they could manage. It’s interesting to note that one of the judges who wrote the Supreme Court judgement said that these issues were beyond its scope, yet the EHRC has taken the cruellest approach that it could.

However, the Guardian reported this week that staff at the EHRC have expressed concern about the guidance and the fact that two weeks consultation was given. This is likely to be extended to six weeks.

One EHRC source said there had been significant disquiet among staff about the interim guidance and the way it was drawn up before being published on 25 April.

They said: “Most people, including some fairly senior ones, had no idea the interim guidance was coming until it was published late on the Friday evening.

“They woke up to texts from family members and friends saying: ‘What’s going on?’ Staff working on sex and gender issues hadn’t been told, and nor had the duty press staff who were meant to explain it to the media. It was completely shambolic.

“This is, understandably, a fairly inclusive workplace and quite a few staff have trans friends or even partners. They suddenly had to try and explain this guidance which made no sense.

All of this will affect Councils as they will have to look at they provide services. Lib Dem Councillors across the country will soon be able to access suggestions for their own trans-inclusive motions to submit  for debate in their areas. Lib Dem Women has been working with LGBT+ Lib Dems and ALDC to put together a draft for Councillors to use. it will be circulated to their members very soon.

In Edinburgh, Lib Dem Councillor Euan Davidson was instrumental in ensuring that the Council passed a motion recognising that trans people were anxious and re-affirming its position that LGBT people should feel welcome in the city.

Here is his speech in full, which you can watch here.

I want to start by saying that whilst we accept the Supreme Courts ruling let us be clear: trans people have been quietly and respectfully using the facilities that match their gender for over two decades. Without incident. Without uproar. Without chaos. What has changed is not their conduct—but the temperature of the national debate and the fear being sown in its wake by politicians pitting two vulnerable groups again one another.

And that fear is real. I have heard from LGBTQ+ constituents who are frightened to go about their daily lives. Who now feel they must look over their shoulders. Who feel less safe, due to the confusion and chaos left in the wake of the court’s rulng.

Let’s also be clear on this: trans rights are human rights. The Equality Act still protects people from discrimination on the basis of gender reassignment. The Supreme Court ruling affirms this. But in the absence of leadership from the UK Government—indeed in the presence of active confusion and hostility—too many public bodies are retreating. They are excluding. And they are, in some cases, going further than the law ever intended.

That is not who we are in Edinburgh.

We are a city that opens its arms. That protects its minorities. That welcomes everyone—everyone—to live authentically, safely, and without fear.

This city stands with its LGBTQ+ community. We stand with our trans siblings. We will not roll back their rights. We will not let the spectre of legal ambiguity be used to bully people out of public life.

We need urgent clarity to ensure that all our services continue to respect the dignity and humanity of every person who walks through our doors.

We owe our communities nothing less.

Southwark Lib Dems have done the same:

Now, more than ever, we need to stand with our trans, non binary, and gender non-conforming neighbours.

At today’s annual meeting which coincided with IDAHOBIT, we renewed our call for action to stand in solidarity with all LGBTQ+ people in Southwark

buff.ly/6VRWCUK

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— Southwark Liberal Democrats (@southwarklibdems.bsky.social) May 17, 2025 at 1:30 PM

It’s good to know that our Councillors are fighting for an inclusive approach that treats everyone with dignity.  It is not dignity for trans people to be forced to out themselves every time they have a pee. If this actually becomes enforceable, I feel like I will use gender neutral facilities out of solidarity. Maybe the answer is for more of us to do the same so that there are massive queues outside them and everyone sees how ridiculous this is.

We can’t let the cruelty of the current EHRC approach stand.  As Euan said, trans people have been quietly getting on with their lives for much longer than 20 years, using facilities that match their identity without incident. There is no problem to fix and we shouldn’t tolerate those who try to set women and LGBT+ people against each other.  We have a more just and equal society when we fight together for rights for everyone.

* Caron Lindsay is Editor of Liberal Democrat Voice and blogs at Caron's Musings