A year after the Supreme Court ruled that the legal definition of a woman under the Equality Act is based on biological sex, campaigners are frustrated at the slow pace of change. The landmark judgment, in a case brought by For Women Scotland against the Scottish government, affects access to women-only services such as refuges and toilets. However, most service providers are still awaiting practical guidance on how to apply the ruling.
The Equality and Human Rights Commission has resubmitted its updated code of practice for government approval, following fierce criticism over the length of time taken by Equalities Minister Bridget Phillipson to consider the guidance. A leaked draft suggested a ban on transgender people using facilities according to their lived gender, which met strong opposition from organisations that believed the guidance was unfair and legally unworkable.
Janey, a 70-year-old transgender woman living in London, described a new anxiety about using women's facilities after the ruling. A year on, she still uses women's toilets but says her fear lasts only seconds. She had one unpleasant incident when a service user challenged her, but her manager was supportive. She is more concerned about younger generations, noting a 'chipping away of rights' in the US and the UK.
Susan Smith, a campaigner for For Women Scotland, said the ruling gave women protection under law and strengthened their hands. She noted that some women now feel more confident advocating for single-sex spaces, particularly in Scotland, where organisations like Rape Crisis and Women's Aid have reaffirmed their single-sex status. She described the government's delay in approving the EHRC guidance as 'frustrating' but argued it should not make a material difference because 'the law is still the law'.
Melissa Green, chief executive of the National Federation of Women's Institutes, said the WI had to take significant legal advice after the ruling. The WI, which had been trans-inclusive for 40 years, announced in December that it would no longer accept transgender women as members from April 2026, as the law allowed no other interpretation of sex under the Equality Act than biological. She acknowledged many members would be devastated by the decision.
