The Equalities and Human Rights Commission (EHRC) has published new guidance confirming that single-sex services must be based on biological sex, a move that has sparked concerns about the exclusion of trans people from public life.
Landmark Supreme Court Ruling
This guidance follows a landmark Supreme Court ruling in April 2025 which clarified that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex. Charities and campaign groups, including the Trans+ Solidarity Alliance (TSA), have criticised the guidance, calling it a 'Section 28 moment' for the Labour government and comparing it to Trump’s America, arguing it will push trans people out of public life.
Guidance Details
The EHRC's code covers various scenarios, stating that trans people should compete in sport according to their birth sex and that hospital wards can lawfully exclude trans patients if single-sex, though it also notes it would be 'very unlikely' to be proportionate to prevent a trans person from using any service.
While the government and groups like For Women Scotland have welcomed the guidance as a pragmatic approach to upholding women's rights, critics anticipate legal challenges and argue it treats trans people as a 'third sex', prolonging a 'hellish limbo' for the community.
