Reading Trans Movement supports the protests organised by students against the Universities adoption of a new transphobic toilet ban policy. We will be providing organisational support, encouraging our members to attend, and signal boosting these protests until the university adheres to the demands set forth in our statement.
Reading Trans Movement Statement on University of Reading Transphobic Toilet Policy Changes.pdf
On the 16th of April, the UK Supreme Court ruled that "sex" in the equality act refers to sex assigned at birth. This does not remove protections on the basis of Gender Reassignment, and is niche in its legal consequences and application. This decision was made after being brought to the court by an anti-trans group, and was made without consulting any trans people, nor the people who drafted the original equality act. It has been widely criticised by trans supporting organisations, and legal challenges are being raised against it.
On the 25th of April, the Equality and Human Rights Commission—which is chaired by a woman with close links to anti-trans groups—released interim guidance extending the supreme court ruling beyond its original scope, and advising that organisations illegally discriminate against trans people in the provision of single sex spaces. This guidance is not legally binding, and can be argued to actively encourage organisations who follow it to break laws regarding data protection and the rights to privacy held by trans people regarding their status as trans in forcing them to out themselves. In the climate of increasing hate crime towards trans people in this country, this policy places students and staff in considerable danger.
Despite this, the University of Reading has decided to use this guidance as to justify adopting a transphobic policy which would require transgender students and staff to out themselves through their usage of single sex spaces, and prevent them from using spaces appropriate to their gender identity.
Trans people have been using the correct spaces since before laws protected them. They will continue to do so now as the laws still protect them. The guidance is not legally binding. The University of Reading has chosen to adopt a transphobic policy with no legal basis.
The new policy is unenforceable, no provision exists to determine the sex assigned of birth of a student or member of staff, and any measure that would attempt to do so may break several laws.
We encourage all trans students and staff at the University to not pre-comply with the new transphobic policy.
We demand the following of the University of Reading:
Reading Trans Movement Statement on University of Reading Transphobic Toilet Policy Changes.pdf
The following is the universities original announcement of their adopted unenforceable transphobic policy.
Content warning: Transphobia, transphobic dogwhistles, gaslighting, misrepresentations of the law
Since the Supreme Court ruling in April that the term 'sex' in the Equality Act 2010 refers to a person's biological sex, we have been updating colleagues and students on the implications this has for University activity. Like all organisations, we have a legal duty to review policies, practices and activities and their compliance with the law. This is progressing and we thank colleagues for their patience during this time. The university remains absolutely committed to inclusion and belonging, and offering support to all members of our community. We will be working with a range of groups and networks in the coming weeks to update guidance and ensure our community continues to be inclusive for all. This update covers some policy change, including the use of facilities on our campuses. We still await publication of the final Code of Practice from the Equality and Human Rights Commission, which may require some further changes to our approach, but the law is clear that some immediate changes are necessary. The University's previously stated policy was that staff and students could use the facilities that reflected their gender presentation. This policy and our Trans and Gender Identity guidance are not compatible with the Supreme Court judgment, and have therefore now been withdrawn and no longer apply. The change means that facilities such as toilets and changing rooms that are designated as male or female must be used according to a person's biological sex (their sex at birth). This means that trans women should use male or unisex facilities, and that trans men should use female or unisex facilities. In order to ensure that there is adequate provision for all members of our community, we are currently carrying out an audit of some of our campus facilities. This is being done to give a clear understanding of whether we have adequate provision of single-sex and unisex facilities across our campuses. Our audit so far shows that many buildings have unisex toilets (i.e. toilets that can be used by everyone). We are now investigating where there is a lack of unisex provision and considering how we can ensure that there are facilities available for all, including adequate unisex and single-sex provision. This may mean re-designating a small number of facilities across our campuses. We will discuss this with relevant networks and groups as soon as possible, before arranging for signage to be updated. Please be understanding that it may take some colleagues and students time to adjust to this change of policy. It is important that we all treat everyone in our community with compassion and dignity, including those who hold different views to your own.