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International/ News/ Top Stories

Scottish Parliament’s trans bathroom ban condemned as ‘rushed and unworkable’

Sophie Perry May 17, 2025

A trans charity in Scotland has labelled the ban on trans women using female toilets in Scottish parliament an “unworkable” decision which will prevent trans folks “from participating in Scottish democracy”. 

Following the UK Supreme Court ruling that the definition of ‘sex’ in the 2010 Equality Act refers to ‘biology’, the Scottish Parliamentary Corporate Body (SPCB) – which oversees accommodation at Holyrood – decided that as of Monday (12 May) use of “all facilities designated as male or female” will be based on “biological sex” to be “in line with the Supreme Court judgment”. 

Alongside designating single-sex spaces as solely based on biology, gender neutral facilities, open to anyone, will also be installed in Holyrood. 

Presiding officer Alison Johnstone said: “As Scotland’s legislature, it is vital that the Parliament fulfils its legal responsibilities.

“Our officials therefore took immediate steps following the publication of the judgment to review it in detail and to consider its implications for services and facilities at Holyrood.”

Johnstone said it was important to make this change now “not only to ensure we fulfil our legal responsibilities, but to give clarity to all those using the building” and ensure “confidence, privacy and dignity” for both staff and visitors. 

In response, Scottish Trans and Equality Network wrote a letter to the SPCB condemning the decision as “rushed” and “unworkable” as well as one which will “exclude trans people from participating in Scottish democracy, whether as staff or as visitors to the Parliament”. 

Scottish Parliament building, Scotland, UK. (Sally-Ann Norman/Construction Photography/Avalon/Getty Images)

The letter went on to say the change will “make trans people feel significantly less welcome
at Parliament”. 

Trans people already avoid public toilets frequently – 80% of trans people have avoided them due to fear of being harassed, being read as trans, or being outed. Policies to restrict the use of toilets on
the basis of “biological sex” and/or to insist that trans people must use separate, segregated facilities from others will make this worse,” the letter reads. 

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“Trans people have been using toilets in line with our gender identities across Scotland and the UK for decades. Changes to policy and practice to restrict trans people’s access to facilities on the basis of our “biological sex” after the Supreme Court judgment will profoundly change trans people’s ability to participate in public life as who we truly are.” 

It adds: “We cannot understand why this decision has been described as one that will bring “confidence, privacy and dignity” to everyone. It will not do so for trans people. It will exclude us and segregate us in the heart of Scotland’s democracy.” 

The UK Supreme Court decision is expected to have wide-ranging implicationsfor the trans community, even though it is not legally binding, especially after the Equality and Human Rights Commission issued interim guidance that single-sex spaces, such as toilets, must be based on biology. 

A Scottish Parliament spokesperson said, as quoted by The Independent: “Holyrood provides a wide range of facilities so that it is an inclusive and welcoming space for all.

“The Supreme Court’s ruling had an immediate effect in law and after careful consideration the SPCB announced interim steps to ensure it fulfils its legal responsibilities.

“This included taking into account EHRC’s interim update to organisations.”

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