WIREDGOV

The Supreme Court recently (16 April 2025) gave its judgment in the appeal of For Women Scotland v Scottish Ministers.

As Britain’s independent equality regulator, the Equality and Human Rights Commission (EHRC) intervened in this appeal to assist the Court in assessing the legal and practical implications of the case.

The Supreme Court has ruled that a Gender Recognition Certificate does not change a person’s legal sex for the purposes of the Equality Act 2010.

Our statement

Responding to the judgment, Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, recently said:

“This judgment from the Supreme Court has significant implications for the interpretation of Britain’s equality laws. We welcome the clarity this ruling brings; its importance to those whose rights are affected under the Equality Act cannot be overstated.

“The central issue raised by this appeal was how ‘sex’, ‘man’ and ‘woman’ are defined in the Act. Our submission to the Court highlighted significant problems with the practical application of a definition of ‘sex’ which allowed those who have acquired a Gender Recognition Certificate (GRC) to be treated as their certified sex in the Equality Act. These inconsistencies impaired the proper functioning of the Act and risked jeopardising the rights and interests of women and same-sex attracted people.

“This judgment resolves the difficulties we highlighted in our submission to the court and in our advice to the former Minister for Women and Equalities more than two years ago. These include the challenges faced by those seeking to maintain single-sex spaces, and the rights of same-sex attracted persons to form associations.

“We will take the outcome of this appeal into account in our ongoing work as the regulator of the Equality Act. That includes the development of our revised Code of Practice which, subject to ministerial approval, is expected to be laid before Parliament before the summer recess. We will be working at pace to incorporate the implications of this judgment into the updated Code, which supports service providers, public bodies and associations to understand their duties under the Equality Act and put them into practice.

“Where this judgment impacts upon our other advice for duty-bearers, such as our single-sex services guidance, we will review it as a matter of urgency and alert users to where guidance has been withdrawn or needs to be updated.

“In the meantime, the EHRC will continue to exercise its statutory duties to regulate and enforce the Equality Act 2010, ensuring protection for all protected characteristics including those of sex, gender reassignment and sexual orientation. We remain committed to promoting equality and tackling discrimination in all its forms.”