Supreme Court gender ruling: one year on
Twelve months since the Supreme Court decided "sex" in the Equality Act 2010 refers strictly to biological sex, we take a look at what it means today
Today (April 16) marks twelve months since a landmark judgement which has had significant implications for transgender people.
On the 16th of April 2025, the UK's Supreme Court ruled that the terms "woman" and "sex" under the Equality Act 2010 refer strictly to biological sex assigned at birth.
This decision in the case - brought by the campaign group For Women Scotland - excludes trans individuals, including those with a Gender Recognition Certificate, from legal recognition of their gender identity.
This interpretation has significant implications on the ability of people who are transgender to access single-sex spaces and pursue equal pay claims, particularly affecting trans women and heightening existing social and economic disparities.
Where we're at
Following the judgement, businesses, public bodies, and charities across the country have been reassessing their policies concerning single-sex spaces, such as toilets - with the decision impacting rules aimed at preventing discrimination.
Sporting organisations - including the FA and the England and Wales Cricket Board - soon after the judgement confirmed trans women would no longer be able to play in women's football, whilst the International Olympic Committee's President, Kirsty Coventry, recently announced a ban on trans women from female events at any future Games.
Speaking in a video on social media site X, IOC president Kirsty Coventry said: “Today, we the International Olympic Committee have published a policy on the protection of the female category.
“I understand that this is a very sensitive topic. As a former athlete, I passionately believe in the rights of all Olympians to take part in fair competition.
“The policy that we have announced is based on science and it has been led by medical experts with the best interests of athletes at its heart. The scientific evidence is very clear – male chromosomes give performance advantages in sports that rely on strength, power or endurance.”
Members of Girlguiding who are trans have also been told to leave by September, following an announcement at the end of 2025 limiting membership to “girls and young women”.
At the moment, there's not any official guidance in place, but the Government is still considering a code of practice, the 300-page draft of which has been produced by the Equality and Human Rights Commission (EHRC) to guide this process.
Whilst in Northern Ireland, the Equality Commission highlighted "significant legal uncertainties" following the Supreme Court decision, noting that the Equality Act does not apply there.
The body has issued preliminary guidance for employers and service providers and plans to look for clarification from the High Court regarding the ruling's interpretation.
'A year on, we can't understate the mental and emotional impact it's had on the trans community'
TransActual UK, an advocacy group which works to amplify the voices of trans people, campaign for a world where everyone can live safely, in dignity and with access to healthcare.
The organisation published a new report last year detailing the impact of the Supreme Court ruling.
It was found that 'trans people and their families have been making plans to flee the country, hide their identity, avoid going to hospitals, and find other ways to make a living if they can no longer have dignity in their workplaces'.
Speaking to Hits Radio Pride ahead of the anniversary of the judgement, Tammy Hymas, policy lead at TransActional said: "A year on from the Supreme Court ruling, there's been three big things.
"The first is that we've seen widespread exclusion and segregation of trans people from spaces that they had been using for many years.
"We've also seen trans football players from the sport, trans girls being excluded from Girlguiding, and Women's Institutes branches have actually closed rather than implement a ban on trans women.
"Not only has this had an impact on trans peoples' ability to be a part of doing what they love, but I think it's had a much wider effect on undermining the very viability of women's organisations who want to be trans inclusive.
"Since the ruling, we've seen a whole host of activism, and we've also had thousands of people use our tool, writing to their MP, with people up and down the country making it known to politicians that things how they're changing at the moment simply cannot continue.
"Twelve months is a long time, and we can't understate the mental and emotional impact that it's had on the trans community.
"Rather than us spending our time on society's most important issues, like gender equality and gender justice, we've been drawn into this endless conversation about which bathroom people are allowed to use."
Sahir House - the Liverpool City Region's LGBTQ+ and HIV charity which has been supporting the community since 1985, issued their response in light of the Supreme Court ruling.
In their letter, the organisation made it clear to those in need of help that 'nobody is left behind'.
LGBTQ+ Community Engagement Worker, Kat, reflected to Hits Radio Pride: "The most noticeable impact we've seen is an increase in anxiety and uncertainty within our trans community.
"We've seen a real big impact on feelings of safety, as well as their certainty of their rights, especially when accessing public safety and services - which they have the total right to use.
"We have also seen more people access our services for support in regards to this, too.
"Financially for us, it can be a difficult thing to balance, because some of our services are commissioned, whilst others aren't - but we still continue to deliver these to the highest standard we possibly can."
Still no official guidance
A year on from the landmark judgement, and official Government guidance still hasn't been published, or set into law.
They later wrote a letter to ministers, with the then-chair of the EHRC Baroness Kishwer Falkner confirming how additional information had been written-up for the Government to analyse.
In the same letter, the EHRC also asked for an update on the process looking over the draft Code of Practice, as at the time, it had been six months since the ruling.
That same month, it was confirmed how interim guidance - which had been published less than a fortnight after the Supreme Court judgement - had been withdrawn by the watchdog, with the full guidance by this point having been submitted to the Government.
And at the end of 2025, Women and Equalities Minister Bridget Phillipson said how this proposed guidance was being looked through with a fine toothcomb.
She said how the document is being considered “thoroughly and carefully”, with the Government “taking the time to get this right" - calling the case “an important area", so they "want to make sure that women have access to a single-sex provision”, but how “of course, trans people should be treated with dignity and respect”.
The proposed code of practice, when it finally is published, will be used by businesses and other organisations to inform their provision of single and separate-sex services such as toilets and changing rooms.
As the EHRC says, 'once the UK government approves the draft, it will lay the draft code before Parliament for their review. Parliament will then have 40 days to review the code. The government will decide when to start this procedure'.
'We have to keep up the fight'
Tammy Hymas from TransActual reflected: "I don't think the struggle for trans inclusivity is over.
"We are working with a lot of trans workers because, as a result of the ruling, workplaces can no longer include trans people in locations like toilets and changing rooms, according to their lived gender.
"And what we have done is see an amazing response from the union movement, defending trans peoples rights being included in services and facilities according to their gender.
"Large chunks of society are resisting this, whilst other groups have made really clear that they don't want to exclude trans people, and yet they are being forced to because of these laws.
"But at the moment, it's hard to know what's going to happen. We know the EHRC Code of Practice has been delayed, and we think that's as a result of the campaigning we have brought onto them.
"My message to our community is that we have to keep up the fight - but more than that, we want to fix the mess which has been created in light of the ruling.
"It creates a whole host of issues, because we know that the consensus was working where trans people were included in spaces according to their gender.
"It feels like this whole thing was people looking for a problem which simply doesn't exist, and so we'll continue to fight for a world where trans people can be included so they can live their everyday lives."
'There is still reason to hold on to some cautious hope'
Kat from Sahir House added: "I think it's hard to ignore the frustration at the moment, with a lack of clear guidance in place, particularly when our community's safety and dignity are at stake.
"The absence of direction has left a lot of people feel like they're in limbo, or unsure of what protections they can rely on in order for them to live their true, authentic lives/
"But, there is still reason to hold on to some cautious hope.
"Across our communities, the organisation, and allies, there has been a strong and consistent push for clarity, inclusion and human rights to stay central to any future guidance.
"I think, within our community, we are seeing solid resilience, we're seeing solidarity in our community as well - and alongside this, there's a growing awareness of the advocacy and support that's needed from the wider public and allies.
"Positive change doesn't generally happen that quickly.
"It's driven by sustained voices, understanding lived experience, and solidarity - and what we do at Sahir House is just amplify those voices, support individuals, and advocate for guidance that's clear, inclusive, and rooted in respect."
'Women are protected by their biological sex'
Following the Supreme Court ruling, a co-founder of For Women Scotland hailed the judgement as a move towards protecting the safety of women.
Susan Smith described it all as “a really, really long road”.
She said: “Today the judges have said what we always believed to be the case, that women are protected by their biological sex.
“Sex is real and women can now feel safe that services and spaces designated for women are for women and we are enormously grateful to the supreme court for this ruling.”
Minister for Women and Equalities, Bridget Phillipson, said: "This ruling brings welcome clarity and confidence for women and service providers.
"Single-sex spaces must be protected, and this is personal to me; before I was elected to this place, I ran a women’s refuge in the north-east for women and children fleeing domestic violence. I know how important to survivors it is, and always was, to have single-sex spaces based on biology —places of safety after trauma, time in a sanctuary that allowed them therapeutic support, healing from unimaginable male violence and fear.
"This Government will continue as before, working to protect single-sex spaces based on biological sex— now with the added clarity of this ruling—and we will continue our wider work with commitment and compassion to protect all those who need it, right across society.
"This is a Government who will support the rights of women and trans people, now and always. This is a Government who will support the rights of all people with protected characteristics, now and always.
"There is no change to announce: dignity and respect for all, now and always."
Conservative leader Kemi Badenoch said: "The Supreme Court ruling is a powerful victory for the determined women behind For Women Scotland, and for people all over the UK who know how important it is to give privacy and dignity to women and girls who need it, but it follows years of battle.
"Individual women took action to uphold the law at great personal cost, losing their jobs and their reputations."
On the EHRC guidance, which has not yet been published, a Government spokesperson said: "We have always supported the protection of single-sex spaces based on biological sex and expect everyone to uphold the law and follow the clarity that the Supreme Court ruling provides.
"The EHRC has submitted a separate draft Code of Practice for services, public functions and associations to Ministers, and we are working as quickly as we can to review it with the care it deserves.”
Support is available
The LGBT Foundation's website lists a number of support groups, organisations, and helplines.
The Terrence Higgins Trust lists a number of sexual health clinics for trans and non-binary people.
There's useful contacts at Mind if you're part of the LGBTQIA+ community and in need of mental health support.
And there's plenty of advice on the NHS website.