Durham University reviewing policies on single-sex spaces

Durham University is responding to updated EHRC guidelines with a review of its policies on single-sex spaces.

Last year the Supreme Court ruled that references to “sex”, “man”, and “woman” in the 2010 Equality Act refer to biological sex rather than gender. This also applies to parts of the act dealing with sex discrimination. Consequently, changes to the Code of Practice, which clarifies how organisations should comply with the Equality Act, were drafted in May.

The court argued the Act still protects transgender people by declaring gender reassignment a protected characteristic. The act therefore protects them from discrimination due to identifying as a gender different from their biological sex. However, providers of single-sex spaces such as toilets, changing rooms, and sports groups can now legally exclude transgender people.

In response to the revised Code of Practice, Durham University published a statement on its website. “We are engaging with our community in respect of practical implications for the University,” the university wrote. “We will keep students and staff updated.”

It added: “We continue to emphasise that all students and staff at Durham University, which includes our Trans, intersex, queer and non-binary community, must be treated with dignity and respect. We will engage with affected members of the staff and student community on how best to do this within this legal framework.”

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The university pointed concerned students and staff towards support networks including its EDI team.

In an interview with Palatinate, Durham SU Community Officer Fran Brandon-Higgs said: “the guidance has not added any new significant challenges to what we had already anticipated from the ruling. At Durham SU, we have met with the relevant Association presidents to discuss next steps. We will continue to speak to students over the coming months to help us with our work in this space, and will be keeping students informed of their rights and any incoming changes.” She praised the university’s decision to consult students on this issue.

Alyssa Livingstone, President of Durham SU’s Trans Association, met with the SU for consultation. She believes an extreme interpretation of the Code will mean transgender men “would no longer be able to use the male toilets”. The same would be true for transgender women and female toilets. This could mean many university toilets will need to change location or who can use them.

Alyssa emphasises how “The question Durham will have to answer is what [they] do in response”. She shows concern for the university’s historic buildings “when you’re trying to move bathrooms about and make them more accessible”.

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