UK Supreme Court ruling on 'sex' in Equality Act sparks debate on trans inclusion in single-sex spaces
In April 2025, the UK Supreme Court ruled that "sex" in the Equality Act 2010 refers to biological sex, a decision with significant implications for single-sex rights and spaces.
Six months after the ruling, the Equality and Human Rights Commission (EHRC) sent a draft code implementing the decision to Equality Minister Bridget Phillipson, who has delayed its release and requested more time to consider the matter.
There is ongoing debate over the interpretation of the ruling. Jonathan Sumption interprets it as allowing women-only services to exclude trans women but not requiring them to do so, while Kishwer Falkner of the EHRC argues that permitting trans women access effectively makes those spaces mixed-sex.
Organizations such as the Women's Institute (WI) and Girlguiding have faced pressure to exclude trans women; however, the law remains unclear. Interim EHRC guidance addressing this issue has been removed from its website.
A more liberal interpretation would allow trans women to participate in women-only spaces. The article advocates for a nuanced new code to minimize litigation and better reflect social complexities.
The distinction between biological sex and gender is particularly important in physical sports, where biological sex should govern participation. However, this distinction is less clear for most women's clubs, employment quotas, and facilities like toilets.
Trans people have generally integrated well and deserve dignity and respect. Formal gender recognition certificates are not always required for informal social acceptance.
The women’s rescue hostel Refuge has chosen to accept trans women, demonstrating practical inclusion efforts.
The author concludes that courts are a clumsy instrument for resolving social relationship issues and urges the implementation of a nuanced code to reduce legal disputes and foster understanding.
