Susan's Place Transgender Resources

In "Incoherent" Ruling, U.K. Court Says Trans Women Can Use Women's Restrooms Except at Work

https://www.them.us/story/uk-supreme-court-bathroom-ruling-trans-rights-workplaces

Abby Monteil (13 Feb 2026)

The U.K. High Court ruled on Friday, February 13, that transgender women are lawfully permitted to use public women's restrooms, except at work.

The Court was responding to the political nonprofit the Good Law Project, which had previously disputed the U.K. Equality and Human Rights Commission's (EHRC's) guidance on the U.K. Supreme Court's April 2025 ruling declaring that a person's legal "sex" refers only to their "biological" sex as assigned at birth. Based on that judgment, the EHRC recommended that public-facing services and workplaces require trans people to use facilities based on their "biological sex."

In its February 13 decision, the Court stated that service providers may, in fact, allow trans women to use women's restrooms without also being legally required to open these facilities to cis men. As The Good Law Project put it in a news release, "In short, the law does not require a bathroom ban."

Instead, a High Court judge wrote that public service providers should be "guided by common sense and benevolence" rather than be "blinkered by unyielding ideologies" when it comes to providing restroom access.

But the Court also maintained that the EHRC's guidance was not unlawful, and upheld that workplaces must designate bathrooms based on "biological sex." Meanwhile, it argued that requiring trans employees to use a third restroom facility as a result would "rarely" be considered discriminatory.

Well that little nugget managed to slip by most of the mainstream UK media! whether by design or by accident I'm not sure. The fightback begins! Great to have something going in the other direction for a change even if it's just a small win.

I would say though that the judge is wrong, it is absolutely discriminitary to forcing trans staff members to use a trans bathroom as it could out people who did not want to be outed or alternatively if having to use disabled facilities (which is more likely) resulting in trans people being viewed as disabled.

Also, the the trouble is, unless it's highly publicised it won't stop the public getting riled in the public bathrooms.

UK law often throws up bizare technicalities like this. Crazy system at times.

As someone who is reluctant to visit the U.K. this gives me hope. I've often wanted to visit the U.K. in the past but recently I have concerns.

The mainstream media always misses out on the pro trans details it seems. Although at least this is a partial victory, unfortunately from a legal standpoint the Good law project has lost and is liable for the costs.

I'm glad they are still fighting however and I will continue donating what I can to keep this going.

I'm late to this party as I was focused on buying ma hoose up in Scotland.

Yes, the UK media does seem to have fixated on the anti-trans aspect of the ruling.

I see there has also been criticism by transphobes of Scottish Equalities Minister Kaukab Stewart who said recently that there shouldn't be a 'blanket ban' on trans women using female spaces. How dare Scotland defy the "Supreme" Court :D etc.

I won't post a link because the only sources are headbangers on the far right like The Scottish Sun, Scottish Daily Express, or the paywall Times.

Whilst the world burns this is preoccupying the media writers? Even amongst Conservative members in a recent poll trans issues didn't feature in their Top Ten topics of most concern.

I never use men's loos. The idea would be abhorrent: north and south of the border I always use the Ladies. I've not had any issue and I don't detect hostility. In fact I was looking around at Glasgow airport yesterday seeking the correct loo when a lady wearing tartan came up beside me and said, 'Ours is this way, follow me.'

Unless you're J.K. Rowling I don't think most members of the public care a less. And certainly not in Scotland.

xx

@Tills a lot or people don't care like you say which is great. But this then means it's down to how well you pass too. As you were directed specifically to the ladies I'd say you pass well. The first time I used the ladies in a busy place e.g. Birmingham airport I got a comment "oh lord of mercy" and hideous stares from people in a queue. Luckily at the time i found it funny and laughed. So unfortunately experiences differ.

It's still a big problem for some and I dread the day it turns into a physical confrontation which at this rate it will and I'll end up fighting. I mostly avoid the ladies and hold it in as its not worth that risk. I'd absolutely never dare to use a ladies changing room,  so avoid any need to as a result, such as swimming pools.

It really needs to go away all of this rhetoric so we can be safe again.

Charlotte 😻