TOOLKIT: Why Trans and Non-Binary People Can't Just Use Disabled Bathrooms
Ask this question: "How would it feel to be told you can’t use the bathroom that matches who you are — and instead should use a disabled toilet not meant for you, even if it takes it away from someone who really needs it?"
In the wake of the UK Supreme Court's recent ruling defining "woman" strictly as biological sex under the Equality Act 2010 — and the subsequent interim guidance from the Equality and Human Rights Commission (EHRC) — debate has intensified around who should be allowed to access single-sex spaces like toilets and changing rooms.
One suggestion that’s frequently offered — often as if it’s a reasonable compromise — is that transgender and non-binary people should simply “use the disabled bathroom.” But this response, though sometimes well-intentioned, is deeply flawed and ultimately harmful. It fails not only trans and non-binary people, but also the disabled community.
The Real-World Impact of the Supreme Court Ruling and EHRC Guidance
The Supreme Court’s decision affirms that “sex” in the Equality Act means biological sex assigned at birth, not legal or lived gender. The EHRC’s interim guidance now allows service providers to exclude trans women from women’s spaces and trans men from men’s spaces, even if they have a Gender Recognition Certificate.
This puts trans women at risk of being forced into men’s spaces, where they are more vulnerable to harassment and violence. Similarly, trans men — who may appear masculine or pass as male — are now being told to enter women’s spaces, which can be equally unsafe and distressing.
As a workaround, some suggest that trans and non-binary people should use disabled toilets instead. But this oversimplifies a complex issue — and causes new problems in the process.
Why Disabled Toilets Are Not the Answer
1. They’re Not for Everyone
Disabled toilets are designed with specific accessibility features like grab rails, space for mobility aids, and emergency alarms. They exist to meet the needs of people with physical, sensory, and invisible disabilities. Asking non-disabled trans and non-binary people to use these spaces co-opts facilities that others rely on for access and dignity.
2. There Aren’t Enough
Many public buildings have only one or two accessible toilets, if any. Redirecting trans and non-binary people to these already limited spaces can create bottlenecks and deny access to disabled people when they need it most.
3. It Reinforces Stigma
Telling someone to use the disabled bathroom implies that their presence in the “regular” bathroom is a problem — that they are, in some way, inappropriate or dangerous. This sends a harmful message: that trans and non-binary people are not normal, not safe, or not welcome.
This especially affects trans men, who are often overlooked in these conversations. Many pass as male but are now being told to use women’s or disabled facilities, which can cause distress and increase the risk of confrontation. Non-binary people, who may not feel safe in either gendered space, are left in limbo — neither acknowledged nor accommodated.
Trans People Have Always Used the Bathroom — Without Issue
Let’s be clear: trans people have been using public toilets aligned with their gender identity for decades — if not centuries — without any issue. Most people have shared spaces with trans people and never noticed, because trans people are simply getting on with their lives like everyone else. There is no evidence that allowing trans people to use the facilities that match their gender expression puts anyone at risk.
What has changed is not behaviour, but the political environment. What was previously uncontroversial — using the loo that aligns with how you live and present in daily life — is now being scrutinised and politicised. That scrutiny doesn’t make anyone safer; it just causes stress, fear, and harm for already marginalised people.
The Solution? Inclusion — Not Displacement
The real solution is not pushing trans and non-binary people into unsuitable spaces — it’s building a society where everyone can access the facilities they need safely, without fear.
Gender-neutral bathrooms — whether single-occupancy or shared — provide safe, respectful access for everyone, regardless of gender identity or expression.
This also ensures that disabled toilets remain available for those who need them, without added pressure or inappropriate redirection.
But more than infrastructure, we need to return to first principles: in an open, compassionate, and liberal society, trans people should not be excluded from toilets that align with their gender presentation and identity. Just as we respect privacy and dignity for everyone else, we must extend the same to trans and non-binary people.
A Matter of Dignity for All
At the heart of this issue is a simple truth: everyone deserves to use the toilet safely, privately, and without fear or judgement.
Redirecting trans and non-binary people to disabled bathrooms is not a neutral or harmless suggestion. It places them at further risk, reinforces stigma, and creates new barriers for disabled people in the process. It is not a solution — it’s a deflection.
The path forward is not to divide people into who “belongs” and who doesn’t — it’s to build systems and spaces that affirm the dignity of all. And that starts with recognising that trans people, like everyone else, just want to go about their day in peace.