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School toilets in Scotland will be based on biological sex, not where children “felt more comfortable”

The new guidelines state that schools can also provide gender-neutral toilets for trans students

Newsroom September 30 08:06

Schools must provide separate toilets for boys and girls based on biological sex, the Scottish Government has said.

Previously, schools had been instructed that students could use whichever toilet they felt most comfortable using…

The new guidelines state that schools can also provide gender-neutral toilets for trans students.

The updated guidance follows two court rulings regarding single-sex spaces, according to Sky News.

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In April, a judge ruled that schools in Scotland must provide single-sex toilets for students. Some schools had only been providing gender-neutral facilities.

This ruling came a week after the UK Supreme Court’s unanimous decision that the definition of the terms “woman” and “sex” in the Equality Act 2010 refers to “biological woman and biological sex.”

The new guidance for schools also warns about the risk of outing a young person as trans and urges schools to support those “who want to live as boys, even though their biological sex is female, or who now want to live as girls, even though their biological sex is male.” Refusing to do so would have a “harmful impact on the young person’s well-being, relationships, and behaviour,” it notes.

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