They say “hard cases make bad law“. What little case law there is about single sex spaces and transgender people’s access to them falls into that category.
Croft v Royal Mail was an employment case which considered the issue of toilets and changing rooms. It went to the Employment Appeal Tribunal and then to the Court of Appeal in 2003. The outcome is not popular with anyone, since it does not give a clear answer either way.
It says that
“acquiring the status of a transsexual does not carry with it the right to choose which toilets to use”
Lord Justice Pill, Court of Appeal
But it it also suggests that employers can not solve the issue by simply offeringa unisex alternative. The Court of Appeal said that at some point a male person should be considered transitioned enough to gain access to women’s facilities, even if they had not…
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