Trans woman to hand out disabled toilet keys after Supreme Court ruling leaves ‘no other option’

A trans woman has resorted to handing out disabled toilet keys after she said the Supreme Court ’s ruling on the definition of a woman left her community fearing for their safety and with “no other option”. Sarah Marsh, 55, described it as an “emergency measure” taken after the UK’s highest court confirmed the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex” in a long-awaited judgment delivered last week. It means that transgender women with a gender recognition certificate, like Ms Marsh, can be excluded from single-sex spaces if “proportionate”.

Equalities minister Bridget Phillipson later confirmed that trans women should now use men’s toilets. Shock morphed into fear and uncertainty for the 55-year-old, from Ely, who said: “There’s a despair to it..



. This could make it an offence for me to use female toilets, but I’m not male either – which would make it not possible for myself to go into female or male toilets..

. If I am not allowed in women’s toilets when out in public, which I have used for years without incident, and using men’s toilets would subject me to obvious danger, toilets for disabled people are the only remaining options.” Ms Marsh said Ely Pride has sourced radar keys that enable access to public disabled loos, with a view to hand them out to any members of the trans community who need them at a demonstration in the city on Monday – and to roll the initiative out nationally, with conversations already ongoing with UK-wide groups, such as the UK Women’s March, for which Ms Marsh is city lead.

She stressed the importance of respecting the disabled community, with these keys acting only as a last resort. She also said she understands the dangers women face but argued the trans community are not a threat and that the ruling is not the solution. In her role as trustee of the charity, Ms Marsh said she will be the first to receive a key, when she is set to say: “Now I don't feel safe in public.

Already, I have had lots of hate and avoid going into public, however, sometimes it is unavoidable and gives high toilet and safety anxiety. This key is my emergency access should I need it urgently, though I am also aware this would bring unwanted attention.” The campaigner said access to public spaces – which is about “having access to public life” and “affects how we can fit into society” – is just one of the many major consequences the ruling will have for the trans community.

“Not only does the ruling have a direct impact on access to spaces, which changes our lives, it gives permission for people to express hate to minority groups,” she said. Ms Marsh has faced an already “noticeable” rise in transphobia directed at her since the ruling, especially on social media. “I’ve always had death threats and assault before through being trans,” she said.

“Fortunately now I pass – but this ruling opens it all up again, and means I’ll be subject to all that again...

These kinds of rulings just add fuel to the fire of hate that we already have in society.” She said she is now fearful of leaving the house due to the threat of hate and is especially afraid of going anywhere far from home due to the prospect of having to use public toilets. And she is concerned that the ruling “opens the door” to further implications for trans people.

The keys, Ms Marsh said, is her way of trying “to help people like myself” at such a difficult time for her community..