Fringe venue ‘breaking law' by letting biological men use women's toilets
Underbelly Bristol Square, which is home to multiple small theatres, posted a disclaimer below the sign for the female bathroom telling attendees to 'use whichever toilet best fits your identity or expression'.
The men's toilets display a similar disclaimer but individual cubicles appear to still be labelled 'gents'.
The accusation comes after the Supreme Court said transgender women are not legally women in a landmark ruling.
The ruling by Britain's most senior judges in April prompted new guidance from the Equality and Human Rights Commission, stating that although it is not compulsory for public services to have single-sex facilities such as toilets, it could be indirect sex discrimination against women if the only toilets provided are mixed-sex.
The case was brought to the Supreme Court by the gender-critical campaign group For Women Scotland after two Scottish courts rejected its arguments that the Equality Act's definition of a woman was limited to people born biologically female.
The photo was posted on social media by Alex McDonald, who said: 'My wife is incredibly upset by this. Maybe @edfringe could act and just remove them before @PoliceScotland get involved.'
Mr McDonald added on X: 'Supporters of trans women in women's spaces and sports are generally holders of luxury beliefs; they've never been affected by what they believe in and are too removed from reality and what many people go through to care.'
Susan Smith, from For Women Scotland, who brought the gender case to the Supreme Court, told The Telegraph: 'This is plainly unlawful. You can't have a sign like that. You can either have a mixed-sex space or a single-sex space. It's not possible to have both at the same time. It's either one or the other.'
'I think Underbelly is on rocky ground because something could happen in those toilets, like a sexual assault or someone even recording an individual undertaking their business.
'The law isn't optional; it's not something that you can elect to follow or not.
'Underbelly should remove these signs as soon as possible. If they fail to do so, then they could be flouting the law.'
Helen Joyce, director of advocacy for human-rights charity Sex Matters, which campaigns for clarity about biological sex, added: 'The For Women Scotland judgment clarified the law concerning permissible sex discrimination in services and employment: it means biology, not paperwork or identity.
'There's no lawful basis for putting up male and female signs – for toilets, changing rooms and so on – and then declaring that you mean something other than sex.
'Organisations that fail to get this right risk enabling sexual harassment and ultimately being sued.'
On Sunday, Underbelly Bistro Square included 57 events with genres ranging from children's shows, theatre, comedy, musicals, opera, cabaret and variety.
Earlier, pro-Palestinian protesters disrupted a Fringe Festival event featuring John Swinney.
The Scottish First Minister was being interviewed on Saturday by comedian Susan Morrison when the event was disrupted five times by six different groups of protesters.
They called for an end to funding arms companies through Scottish Enterprise, the Scottish Government's economic agency.
Mr Swinney told the crowd: 'I am absolutely aware of the horrors going on in Gaza.
'I use every opportunity to advance the arguments for a ceasefire and to get humanitarian aid and end the suffering of the people of Gaza.'
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