Newnham College faces equality-law risk over unisex toilets after Supreme Court ruling

Cambridge University’s Newnham College, the university’s oldest women-only college, is facing questions about compliance with equality law after campaigners warned that its unisex toilets may leave the campus without any single-sex facilities for students.

Founded in 1871 and housing about 700 students, Newnham is described as a lively and sociable college run by women, for women. Campaigners say the college’s toilet facilities are currently non-gendered and can be used by both men and women, a policy they say risks discrimination in the wake of a landmark Supreme Court ruling in April that clarified the legal definition of a woman under the Equality Act. The ruling held that a gender recognition certificate does not change a trans person’s legal sex. In the interim, the Equality and Human Rights Commission (EHRC) guidance suggested that toilets, showers and changing facilities may be mixed-sex if they are in a separate room lockable from the inside.

Newnham College has, according to The Telegraph, either bathroom cubicles held in rooms accessible to both genders or fully enclosed rooms that can be locked, which campaigners say could contravene the new guidance and legal standards. Helen Joyce, director of advocacy at the charity Sex Matters, described the college’s policy as “shameful,” adding that Newnham is sending a mixed message by protecting research scholarships for women based on biological sex, while requiring female students and staff to share toilets, showers and changing facilities with men in unisex facilities. She argued that female students could consider legal action on the grounds that providing no single-sex facilities effectively discriminates against women.

Susan Smith, speaking for For Women Scotland (FWS), agreed with that position and said the college appeared to have become “a little bit confused as to who qualifies as a woman.” Campaigners have urged Newnham to remove the trans-exclusionary clause, apologise, and reaffirm its commitment to the rights of all women amid what they describe as intensifying misogynist hostility and violence.

The debate comes as Newnham announced in August that transgender female applicants would be barred from applying for a research fellowship, with funding for “outstanding early-career researchers” limited to those who are “assigned female at birth” and who provide identification documents to prove their gender. The Feminist Gender Equality Network (FGEB) condemned the move as a “segregationist policy” that betrays the college’s long-standing reputation for inclusiveness, diversity and fairness.

Campaigners have cautioned that the unisex lavatories could be discriminatory, citing the Supreme Court ruling that biological sex, not gender identity, should define who may access single-sex spaces in law. In a statement, they urged Newnham to reverse its policy and to align its facilities with the Equality Act and the newer guidance they say follows the ruling.

The issue is not isolated to Cambridge. Last month, women at University College London—speaking anonymously for fear of vilification—said the university has continued to allow trans women to use female facilities, arguing that the institution has yet to adopt the Supreme Court ruling in practice and is awaiting further guidance. One whistleblower said, “Bear in mind how many female students we have and will have from religious and cultural backgrounds. Their parents have no idea that their daughters could be forced to share toilets and changing rooms with men.” Another added, “It undermines women’s dignity and privacy.” The university’s guidance states that trans students can use “men only” or “women only” changing rooms or toilets according to which they feel most comfortable or appropriate. A UCL spokesperson said the university is reviewing policies and awaiting updated guidance from the EHRC, with a facilities audit underway to ensure the estate meets community needs.

A Newnham College spokesman told The Telegraph that the college remains “proud to be a women’s college and a pioneer in women’s education,” noting that its members include those who identify as LGBTQ+. The spokesman said the college has a range of facilities on site, including en-suite and fully enclosed, individual toilets with lockable doors, and that it “acknowledges the Supreme Court ruling and, like other public bodies, will monitor changes in legal requirements.” Newnham College was approached for comment.