What’s going on with that Supreme Court ruling?
- The Homa Team
- 3 days ago
- 3 min read
Updated: 14 hours ago
By Dr Kit Heyam - https://kitheyam.com
Dr Kit Heyam (they/them or he/him) is Leeds-based freelance writer, heritage practitioner, trans awareness trainer and academic and Homa visiting tutor.
Did the UK Supreme Court rule on the ‘legal definition of a woman’?
No – there’s no such thing as a legally sanctioned dictionary! Legal definitions are always about ‘how do we interpret this word in the context of this specific law’.
So what did they rule on?
The Supreme Court ruled on the definition of the protected characteristic of ‘sex’ in the context of the Equality Act 2010.
What did they say?
They said that where the Equality Act says ‘sex’, it should be taken to mean ‘biological sex’.
What is ‘biological sex’?
A complicated, multifaceted phenomenon which is hard to define! But in this case, the Supreme Court have defined it as ‘sex assigned at birth’ – i.e. what it says on your original birth certificate.
What does the Equality Act say about ‘sex’?
It says a person has the protected characteristic of sex if they are a man or a woman.
It prohibits discrimination or harassment on the basis of sex or perceived sex.
It also says that it doesn’t count as sex discrimination to ‘provid[e] separate services differently for persons of each sex’ if ‘a joint service for persons of both sexes would be less effective’, and if providing sex-segregated services is ‘a proportionate means of achieving a legitimate aim’.
So if ‘sex’ in the Equality Act means ‘sex assigned at birth’, what has changed?
If a trans woman is discriminated against for being a woman (not for being trans), she would have to prove she had been perceived as a woman in order to get legal protection. If she’s discriminated against for ‘being a man’, she’s automatically protected by the law.
If a trans man is discriminated against for being a man (not for being trans), he would have to prove he had been perceived as a man in order to get legal protection. If he’s discriminated against for ‘being a woman’, he’s automatically protected by the law.
If an organisation wants to provide a sex-segregated service, they can exclude trans people from that service if they want to.
What hasn’t changed?
Trans people are still protected from discrimination on the basis of being trans.
No one is compelled to exclude trans people from their sex-segregated services or spaces.
There is still no UK law which regulates access to toilets, changing rooms, hospital wards, passport sex markers, or frisking by police/security staff.
So it’s actually not that bad for trans people?
The problem is that the ruling has been widely reported, and interpreted, as having bigger implications than it actually has.
Many organisations may change their policies as a result of this misinformation – for example, the British Transport Police have changed their policy on frisking.
The Equality and Human Rights Commission, whose leadership is anti-trans, have already released non-statutory guidance saying trans people should be excluded from toilets matching their gender identity, and can be excluded from other toilets too. They may encode this in statutory guidance later this year.
What can you do?
Correct misinformation about the law wherever you can.
Advocate for gender-neutral toilets in buildings where you work: they may soon be essential.
Point out the impracticality of attempting to regulate services, and especially spaces, by sex assigned at birth: how would you police this? Behaviour, not appearance, is the most consistent way to regulate access.
Join The Conversation
All trainees, tutors and therapists welcome
9 June 2025 from 5.30 - 7.30pm
At this time of polarisation it is essential that we keep talking and listening. We invite you to join the conversation, whatever your perspective.
“The moment we stop listening to diverse opinions is also when we stop learning. Because the truth is we don’t learn much from sameness and monotony. We usually learn from differences.” Elif Shakaf
We will gather to listen to each other, to share our thoughts, to talk about how this judgement affects us as therapists and as people.
Where: Homa Room 3
Date: 9 June 2025
Time: 5.30 - 7.30pm
RSVP: Please email hello@homa.london to let us know you will be coming.
Useful links for more information
On the initial judgement
On the EHRC interim guidance
Actions you can take