by Alex Clare-Young. Alex is a thinker, facilitator and writer. They are a minister, member of the Joint Public Issues Team and patron of the Open Table Network

I am going to write about toilets. I should probably explain a few things first: I am trans and I am disabled. Both of those facts mean that I cannot use gendered toilets any more. In fact, they mean that I have lost access to an awful lot of public spaces in general.
Anyway, back to toilets. I grew up living as female, before I transitioned, which meant that I spent 18 years of my life using a mixture of female-designated and accessible toilets. I have been attacked multiple times in single-‘sex’ toilets. Every single time it has been by a cis woman – a woman who wasn’t trans.
It may not come as a surprise to hear that I don’t think that public toilets have ever been safe spaces.
The context: gender and public spaces
I don’t like the term ‘culture wars’. It implies a dynamic of equal powers battling it out with mortal consequences. It also lends a sort of unearned gravitas to the political gameplay that instrumentalises trans people. Nevertheless, I will use the term here as it is the one most often used to refer to the situation we find ourselves in.
Trans people have been the game-pieces of culture wars for some time. We have been banned from bathrooms in various USA states for over a decade. This has extended to the separation of gender-nonconforming children and young people from their families and a significant reduction in access to healthcare for trans people.
In the UK, culture wars are different, with many people largely uninterested whilst those on the margins find themselves pushed increasingly farther out of the rapidly-shrinking middle ground. Recently, this has been particularly apparent in three areas: 1) horrific clashes over the housing of human beings who are seeking asylum in local hotels, 2) the provision of vital benefits to human beings who happen to be disabled and 3) the presence of human beings who happen to be trans in public spaces. So as a disabled trans person things are increasingly difficult.
The EHRC Guidance
The particularly challenging piece of this current phase of the UK’s Americanesque journey, for me, is caused by corporate and local responses to the EHRC interim guidance on gender and the Equality Act. The guidance effectively states that trans people may not use the gendered space that accords with their gender identity and should not use the gendered space that accords with their gender identity if this is likely to cause concern.
That means that many trans people are left unable to use gendered public spaces – including public toilets – at all. The EHRC’s way of handling that has been to suggest that premises should ensure gender neutral toilets are available. This is not only unhelpful, it is a mishandling of the Act which requires the necessity of any exclusion based on protected characteristics to be rigorously proven – it has to be a proportionate means of achieving a legitimate aim. This means that it needs to be the least discriminatory way to meet that aim.
The myth of the accessible toilet
Now I’m going to take off my trans hat and put on my disabled one (I wish I could effect this switch, in both directions, in real life). Since becoming a full-time wheelchair user, I now have to use the accessible toilet at all times. The thing is, accessible toilets are already kind of a unicorn.
So-called accessible toilets often have toilet roll you can’t reach, filthy floors that you wouldn’t want to wheel over (remember, many wheelchair users effectively have to touch very near the soles of our shoes with our hands for every move we make), and small-to-nonexistent turning circles crowded by overflowing bins.
So, when I realised that several moto service stations had responded to the EHRC guidance by labelling their ‘accessible’ toilets as ‘inclusive’, I began to worry. It’s not that I don’t want trans folks to be able to use accessible loos. Of course I do. I want every trans person to feel safe, and to feel like they – we – have public spaces we can access. If those are intersectional spaces, what’s not to like.
However, this label was not only targeting trans people. The big wheelchair on the door had been replaced with a big man symbol, a big woman symbol and a tiny little wheelchair in the bottom corner. The radar key lock had been removed. This was now just a big toilet. And there was only one.
The more public spaces I go to, the more I realise that this has been the general response to the EHRC guidance – taking already limited space away from disabled folks and opening up accessible loos to anyone who can’t be bothered queuing. Yes, invisible disabilities exist – mine used to be one. Yes, trans people deserve toilets we can use – I am one. Yes, women are not safe in toilets – I learnt that the hard way.
The thing is, taking away spaces is not the answer. No-one can win this so-called battle. All that we have gained is toilets that are less safe for women because anyone with a beard can access one by claiming to be a transman, accessible toilets that are predominantly used by able-bodied cis men, and a general increase in both transphobia and misogyny.
The theology: Christ in public spaces
So how do we reframe this woeful web of misinformation? How do we take the power out of a rapidly-escalating human rights battle? I believe that we need to unpick the underlying threads. To do this, I would like to consider three ways of looking at fair, safe and just uses of public space.
Inclusivity
Firstly, let’s consider what inclusivity means. An inclusive space is a space where everyone is welcome, just as they are. It is often held up as being the gold standard. And yet, inclusive spaces can be undermined by scarcity narratives. Remember when a woman poured expensive perfume on Jesus’s feet and was accused of denying the poor? No-one has been policing gendered toilets to date and trans people have been using them without causing harm. So why now? Are we, like the early disciples, playing whataboutery with Christ’s own body?
Exclusivity
So what about exclusivity? That seems to be the next logical move. Scarcity leads to protectionism. MY flag, MY taxes, MY spaces. You can’t have our spaces – get your own. It has seriously alarmed me to see so-called feminists arguing that the tiny minority of folks who are trans should simply create our own spaces. Last time I tried to build a public toilet without planning permission it didn’t go so well… I wonder what the un-named convert to Christianity in Acts 8 would have done if, when they asked, “Here is water, what is there to stop me being baptized?”, were given the response, “Not until you dig your own well”.
Practicality
I’m aware I may be using too much humour here. It’s a defence mechanism. This stuff is actually scary to me. Disabled people avoid leaving our houses due to lack of safe, sanitary, accessible public facilities, trans people are being attacked in public and often sadly losing their lives in private, and women are not any closer to real solutions to the actual causes of sexual violence in public spaces, not least the lack of any form of adequate justice.
The only way to get through this is to stop looking for convenient scapegoats and to start helping each other. Can’t get to the soothing water? OK, I will carry you. Can’t reach Jesus? OK, this roof has to go. What’s to stop me being baptised? Nothing.
We need to work together to create safe and accessible public spaces for trans people, disabled people and women, and that journey does not start when we attack each other. It starts by shifting the narrative. Are public toilets safe, accessible and inclusive? No. Why? Because systemic injustice and capitalist motivations have led to flimsy stalls and unsanitary spaces. Are trans people the problem? No. So how do we solve it? We build something better. Together.
In practice: what now?
10 hours before I wrote this, the EHRC submitted an updated code of practice to the Minister for Women and Equalities. They did not complete a full and proper public consultation and Parliament has not yet had a chance to debate the advice. The chair of the EHRC is encouraging people to preempt the process, stating that “We have been clear that service providers, associations and public functions should not wait for the code of practice to be published”. This irresponsible weaponising of legal process is what has caused the chaos I have described throughout this article.
So firstly, please wait. If you own a space, please don’t change the rules before the rules actually exist. Secondly, please speak. Whatever happens, the draft code must be laid before Parliament for 40 days before it is in effect. Speak to your MP urgently and ask them to insist on a debate on this guidance, before it is too late. Finally, counter the misinformation. Trans people are not the problem. Women are not the problem. Disabled people are not the problem. The systems that use us as pawns are. Can we not just stop fighting and start building the solutions ourselves? Please?



