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Supreme Court Ruling on Sex in the Equality Act

On April 16th 2025, the UK Supreme Court published their judgment in the case of For Women Scotland vs. Scottish Ministers. You can read the judgement in full here.

It dealt with the meaning of the words “sex”, “man” and “woman” for the purposes of the Equality Act 2010. The Supreme Court decided that in the Equality Act, all of those words have a “biological” meaning (although they did not really define what that means).

As far as we can tell, this ruling has had two main effects:

  • It removes legal gender recognition from trans women and trans men who have gender recognition certificates (GRCs), for the purposes of equality law. Previously, governments across the UK, and the Equality and Human Rights Commission, said that getting a GRC meant you were recognised under the Equality Act 2010 as the sex you’d transitioned to. Indeed it seems very clear that the intention of Parliament was that this would be one of the effects of getting a GRC.
  • It has created significant uncertainty about how all trans people, whether they have a GRC or not, should be treated in a huge range of services and spaces – all of the ones that are provided separately for women and men. Currently, there is a great deal of disagreement about how trans people can and should be able to use these, as a result of the ruling.

We are still uncertain as to what the full meaning and impact of this will be, but we do know that it has and continues to cause great anxiety and uncertainty for trans and non-binary people across the UK. We are doing all we can to try and understand what the ruling means and to minimise the impacts it will have on our community’s ability to use services and participate in public life.

We have produced a human rights analysis of the impact of the ruling on trans people, which you can read here. See the pages below for more analysis and updates on the ruling itself and the EHRC’s Code of Practice for services.

EHRC Consultation on Draft Code of Practice Timeline

1st June 2026: Nadia Whittome MP has tabled a motion in UK Parliament to disapprove the Code. You can use our tool to email your MP and ask them to support the motion and speak out against the Code here.

21st May 2026: The EHRC’s updated Code of Practice was laid before UK Parliament by the UK Minister for Equalities. The Code is very unclear about whether and how trans people can be included in public services, public functions, and associations, but encourages our exclusion in many instances. It is not yet statutory guidance, and must first sit before UK Parliament for 40 days. You can read our summary and analysis of many of the changes it makes here.

14th April 2026: An updated version of the Code of Practice has been sent to the UK Government following requests from the UK Minister for Equalities Bridget Phillipson. In a statement on this updated version of the Code, the Minister said that she expects to lay the Code before the UK Parliament in May 2026. Read our thoughts on how we will interpret the new Code here.

5th September 2025: The EHRC have completed their analysis of consultation responses and handed their amended Code of Practice to the UK Minister for Qualities. While we know that tens of thousands of people responded to the consultation, the EHRC have not published these responses, nor their analysis or the version of the Code that they have submitted to the Ministers. The decision is now with the Minister to decide whether to approve the Code, or ask the EHRC to make changes.

1st July 2025: The Equality and Human Rights Commission’s (EHRC) consultation on their draft Code of Practice has now closed. You can read our full response to the consultation here.

Where can I find out more information?

Below you can see all of our pages about the Supreme Court judgement. We’ll continue to update this page when we have new information or resources, but make sure you follow Scottish Trans on social media (Facebook / Instagram / Bluesky) to keep up to date with the latest developments.

Here is a list of some organisations also providing important coverage and information about the judgement:

This isn’t a complete list, and we’re incredibly grateful to everyone who’s given their time and energy responding to the ruling and helping others understand what it means.

Our Thoughts on the EHRC’s Updated Code of Practice – May 2026

The UK Government laid the EHRC’s updated Code of Practice before UK Parliament on 21st May 2026. These are our initial thoughts on some of the major changes it makes relating to trans people, and how it fails the “three tests” we set out for the Code to be fit for purpose. We may update this page over time as our understanding of the Code changes.

Read more

Supreme Court Ruling One Year On

Our statement on the impact the Supreme Court ruling has had on our community over the past year, and the uncertainty we still have to deal with in many aspects of our daily lives.

Read more

Guidance for the EHRC Code of Practice Consultation

The Equality and Human Rights Commission (EHRC) is consulting on a new draft Code of Practice for some sections of equality law. The consultation is open until Monday, 30th June at 11:59pm. Read this page to find out more about the consultation, and whether you might wish to respond.

Read more

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