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Posted: 16/04/2025 by Hilary Cooke

Medway Pride Response to Supreme Court Ruling on Equality 2010 Act definition of sex

Medway Pride CIC are very disappointed with the outcome of the UK Supreme Court’s landmark ruling on the legal definition of sex. We support the Trans community and the fight for civil rights for access to public services and healthcare free from discrimination. Today Wednesday (16 April), the UK Supreme Court decided the legal definition of a woman was based on biology, with Judge Lord Hodge stating: “The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex. But we counsel against reading this judgement as a triumph of one or more groups in our society at the expense of another, it is not,” noting that trans people still have protection under the law. The Judge advised they are not writing or creating policy which falls to the UK Government.
We know this judgement will cause uncertainty for members of the Trans community and we are concerned that this decision may be misinterpreted by organisations reacting to this judgement. Please remember: The judgement has not changed the Equality Act 2010 Gender Reassignment protections against discrimination or the Statutory Guidance on those protections. The Equality Act already allows for single-sex services and spaces, but only if they are a proportionate means of achieving a legitimate aim. Exclusion from single-sex spaces based solely on gender reassignment may not be lawful. Neither has the judgement changed the 2004 Gender Reassignment Acts purpose of legal sex recognition. It has though caused an issue for the purpose of the 2004GRA as the judgement stated that within the EQ2010 Act Legal Sex dose not alter Biological Sex for the purpose of discrimination.
Questions arising from the judgment The term Biological Woman, Man or Sex are not used in the EQ2010 act. The judgement states it means a binary definition of Sex, Man or Woman. This leaves a question how you define the term Biological Sex? How does this affect Intersex people? A definition of Biological Sex needs to encompass all variants of Human sex development. We will be monitoring how things develop over the coming months and will be working to improve awareness of issues and change to support Trans people due to the challenges this judgement may cause. Medway Pride CIC.

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