Trans women will be searched by male police officers after Supreme Court ruling

Male police officers will now perform searches of trans women following yesterday’s Supreme Court ruling on the definition of sex.

The British Transport Police (BTP) announced the ‘interim’ change to its policy after the announcement, which clarified the Equality Act 2010 to say the term should be defined as an individual’s biological sex at birth.

Trans people being held in custody by the force will be searched by officers who match the sex they were assigned when they were born.

Previously, those with a Gender Recognition Certificate (GRC) would be searched in accordance with their acquired sex, a BTP spokesperson said.

They added that the new position would apply ‘while we digest yesterday’s judgement’.

The spokesperson said: ‘We are in the process of reviewing the implications of the ruling and will consider any necessary updates to our policies and practices in line with the law and national guidance.’

The head of the equalities watchdog has said trans women should no longer be able to access women’s toilets and changing rooms following yesterday’s Supreme Court ruling.

Judges in London announced yesterday that the terms ‘sex’ and ‘women’ in the Equality Act 2010, which provides protections for specific groups in society, should be defined biologically.

Their decision means trans women are not legally considered women in the UK.

Lord Hodge, who announced the ruling on Wednesday morning, said trans people are still protected from discrimination under the Equality Act, as gender reassignment is considered a protected characteristic like sex.

But in an appearance on the BBC’s Today programme, the chief of the Equality and Human Rights Commission (EHRC) suggested there was a broad list of places trans people would now legally no longer be welcome.

Asked if it was now clear that trans women would not be able to access women’s changing rooms in places like gyms and swimming pools, Baroness Kishwer Falkner said: ‘Yes.

‘Single-sex services like changing rooms must be based on biological sex.

‘If a male person is allowed to use a women-only service or facility, it isn’t any longer single-sex. Then it becomes a mixed-sex space.

‘But I have to say there’s no law that forces organisations or service providers to provide a single-sex space and there’s no law against them providing a third space.’

The peer was also asked about concerns from trans campaigners that they may not be able to use any public toilets at all, as their appearance would make them unwelcome in a facility for their biological sex and the law would stop them from using the other.

She replied: ‘There isn’t any law saying you cannot use a neutral third space, and they should be using their powers of advocacy to ask for those third spaces.

‘But I think the law is quite clear that if a service provider says we’re offering a women’s toilet, that trans people should not be using that single-sex facility. The steer from the Supreme Court is quite clear in that regard.’

The clarification from the judges also brings ‘clarity’ to the question of trans women in women’s sport, showing they should not be permitted to participate.

World Athletics President Lord Sebastian Coe told Sky News yesterday he welcomes the ruling.

He said: ‘Most importantly, I think it really does support women, in places for them that really matter.’

In a statement after the decision was announced, the EHRC – which applies to England, Scotland and Wales – said it was developing a revised Code of Practice and expected it to be laid before Parliament ahead of the summer recess in July.

It said: ‘We will be working at pace to incorporate the implications of this judgment into the updated Code, which supports service providers, public bodies and associations to understand their duties under the Equality Act and put them into practice.’

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