On 16 April 2025, the UK Supreme Court ruled that "sex," "woman," and "man" as defined in the Equality Act 2010 referred to biological sex. Consequently, trans women and trans men holding Gender Recognition Certificates are recognised under the Act according to their biological sex. This decision carries significant implications for single-sex spaces, including sports, schools, hospital wards, prisons, and public facilities such as toilets and changing rooms.
In response, the Equality and Human Rights Commission issued immediate interim guidance, marking a dramatic shift. Employers, public bodies, and certain service providers are now legally required to ensure the availability of single-sex spaces based on biological sex, failing which they risk being found in violation of anti-discrimination laws concerning women.
Tune in to explore the context behind the hearing and the arguments advanced by both sides,
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Key words: Women's rights, UK supreme courts, trans rights, Gender Recognition Certificate
Articles and resources:
UK Supreme Court. (2025). For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent). [2025] UKSC 16. Judgment delivered on 16 April 2025. Available at: https://supremecourt.uk/uploads/uksc_2024_0042_judgment_aea6c48cee.pdf [Accessed 28 Apr. 2025].
Equality and Human Rights Commission (2025) An interim update on the practical implications of the UK Supreme Court judgment. [online] Equality and Human Rights Commission. Available at: https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment[Accessed 28 Apr. 2025].
Government Equalities Office and HM Courts & Tribunals Service (2022) Gender Recognition Certificate: applications and outcomes. [online] GOV.UK. Available at: https://www.gov.uk/government/publications/gender-recognition-certificate-applications-and-outcomes/gender-recognition-certificate-applications-and-outcomes [Accessed 28 Apr. 2025].
Hanson, N. (2004). The long fight against sexual discrimination. Law Society Gazette. Available at: https://www.lawgazette.co.uk/news/the-long-fight-against-sexual-discrimination/42125.article
Press for Change (_____________), Case Law - UK Court Cases: Legal Gender Recognition: http://www.pfc.org.uk/caselegalgender.html#:~:text=R%20v.,had%20been%20recognised%20as%20female.
Lee, G., 2018. FactCheck: How many trans people murdered UK. Channel 4 News. Available at: https://www.channel4.com/news/factcheck/factcheck-how-many-trans-people-murdered-uk [Accessed 28 Apr. 2025].