Supreme Court Ruling on Biological Sex and Its Implications for Trans Rights: Calls for Nuanced Implementation
In April 2025, the Supreme Court ruled that the Equality Act 2010 defines sex as biological sex, a decision that impacts access to single-sex spaces and associated rights. Six months after the ruling, the Equality and Human Rights Commission (EHRC) sent a draft implementation code to Equality Minister Bridget Phillipson, who has delayed its publication to allow for more consideration. The Women's Institute (WI) and Girlguiding have faced pressure to exclude trans women, amid ongoing legal ambiguity and varied interpretations.
Former Supreme Court judge Jonathan Sumption has argued that the ruling permits exclusion of trans women from women-only services, while EHRC chair Kishwer Falkner took the position that a male present in a women-only space effectively makes it mixed-sex. The EHRC has removed interim guidance from its website and is expected to issue updated guidance later. Refuge, a women's shelter, has publicly stated it will accept trans women, signaling institutional moves towards inclusion.
The use of gender recognition certificates, typically required for passports, is generally not required for informal acceptance in most contexts. The article advocates for a liberal and nuanced interpretation of the ruling to minimize litigation and promote gradual social acceptance over confrontation. It stresses the need for trans people to be treated with dignity and respect and cautions that courts are a crude instrument for managing social relationships.
