The Rainbow Project, an LGBTQ+ charity in Northern Ireland, has called on the government to delay any changes to employment practices or service provision following updated guidance from the Equality and Human Rights Commission (EHRC). The EHRC's revised Code of Practice, published after a landmark Supreme Court ruling in April 2025, defines 'woman' and 'sex' in the Equality Act 2010 as biological terms. The code affects England, Scotland and Wales, covering areas such as sport and hospital wards.
The charity argues that Northern Ireland is legally distinct, with different laws and a separate Equality Commission. An ongoing judicial review is examining whether the 'For Women Scotland' judgment applies in Northern Ireland. Scott Cuthbertson, CEO of The Rainbow Project, stated that trans people in Northern Ireland remain protected under Article 2 of the Windsor Framework, which prevents any diminution of rights post-Brexit. He noted that the Supreme Court's recent 'Dillon' judgment reinforced individuals' ability to rely on the Framework in court.
Alexa Moore, Policy, Campaigns and Communications Manager at The Rainbow Project, highlighted that EU law, including the recent 'Shipova' judgment from the Court of Justice, provides protection for trans people. She said: 'European cases have continuously reinforced that transgender people should be considered to be their lived gender for the purposes of non-discrimination law. Northern Ireland is bound, under the Windsor Framework and the Withdrawal Agreement, to follow this case law in certain circumstances.'
The call comes amid debate over the implications of the Supreme Court's ruling in Dillon & Ors v Secretary of State for Northern Ireland, which addressed the legality of the Northern Ireland Troubles Act 2023. The Rainbow Project urges caution until the outcome of the Equality Commission's judicial review is known.
