Statement on the Supreme Court Ruling on the Equality Act

Pride Progress flag with 6 stripes and black and brown stripes and trans equality flag, on pink background

Following the Supreme Court ruling in April on the definition of the term ‘woman’ in the Equality Act, the Andro and Eve team have taken time to reflect and review the range of responses that have since emerged. 

As an organisation committed to celebrating queer culture, creating spaces of joy and hope for our community, and working towards a more just world for LGBTQ+people, we are appalled and extremely concerned by the lack of fairness, overt exclusion of trans voices, and, in some cases, the cruelty that has since been expressed by the media, parts of the UK Government, as well as some employers and sporting bodies across the UK.

On 16 April 2025 the Supreme Court gave its judgement in the appeal of For Women Scotland v Scottish Ministers. It ruled that for the purposes of the Equality Act 2010, the terms ‘woman’, and ‘man’ are defined exclusively based on biological sex. It explicitly excludes trans people with a Gender Recognition Certificate (GRC) from being recognised as their legal sex under the Equality Act.

The Supreme Court ruling represents another significant and alarming step in what is an increasingly aggressive, well-resourced campaign to reduce or restrict the rights and protections afforded to trans+ people in the UK. It is also part of a broader trend, both nationally and internationally, of the erosion of democratic protections, and efforts to roll back the hard-won rights, freedoms and protections afforded to the LGBTQI+ community. Together, these actions align with a growing shift towards the far right.

It also signifies a regressive step towards outdated and essentialist ideas regarding what constitutes a woman. Ideas that feminists have been fighting against for decades*, and which are now being resurrected in the interests of a small minority, as part of well coordinated attempts to restrict bodily autonomy for women including access to abortion and LGBTQ+ rights. The Supreme Court Ruling will undoubtedly have negative consequences not only for trans women but for all women, especially those who live their lives in ways that differ from gender or sexuality norms.

Bunting created in May 2025 by the Sheffield community in response to the Supreme Court Ruling and displayed at The Kingdom Come event. Organised by Corvus Coaching

We know that this ruling has understandably created a lot of fear and uncertainty among members of our community and left many trans people not only feeling excluded and unsafe, but already experiencing discrimination and ostracisation during their day to day activities. The range of unknown legal and practical consequences of the ruling is of significant concern, especially regarding trans peoples’ access to essential services and gender segregated spaces.

As existing data shows, trans people, especially trans women from racially minoritised groups, are already at increased risk of violence and abuse, with the rates of hate crimes against the trans community rising dramatically over the last decade. Trans people also face continual struggles regarding healthcare access, housing, and employment. This ruling will have substantial and long-lasting consequences for the safety and well-being of trans, non-binary and gender expansive people living in the UK and the extent to which they are safe from violence and discrimination in their daily lives.

We stand firm in our commitment to stand up for the rights of trans and gender expansive people and share our solidarity, love and rage with our trans siblings. If you are trans and need support, seek help from Mermaids, Switchboard or through a local group, friends or loved ones if you are able.

This is a crucial moment to stand up for the rights of trans people in the UK, and take action to ensure every person, regardless of gender identity or sexuality is respected, protected and can live safely and free from harm. 

Take Action

The Equality and Human Rights Commission (EHRC) is updating the statutory Code of Practice for Services, Public Functions and Associations affected by the Supreme Court ruling and are seeking feedback from members of the public through a public consultation.

We urge you to contribute to this public consultation, holding at the forefront of your mind the rights of trans people, and the care and compassion each and every trans person deserves. There is guidance available on how to complete it provided by Scottish Trans, Mermaids and TransActual. Participate by completing the online survey. There is not much time to respond – the consultation closes on Monday 30 June 2025.

If you would like further information about the ruling, and how your workplace can remain trans inclusive, we are also hosting a free webinar on 18 June at 12pm. 

You can also write to your local MP to share your concerns regarding this ruling. Scottish Trans have created a useful tool which enables you to write a letter in minutes – you can adapt the text and follow this link if you are a trans or non-binary person, or this link if you are an ally to our community. For further actions associated with the EHRC consultation and in support of trans rights, the LGBT+ Consortium have created this EHRC Consultation webpage to collate useful resources, including links to planned protests.

As we await further guidance regarding what the legal, political and social implications of this ruling will be for trans people, it is important to remember that the lives of trans people and their right to exist and be protected under the law should NEVER be up for debate. 

Now is the time for allies to visibly support their trans+ peers and demand they are protected. 

If you are looking for further information on the situation for trans and non-binary people in the UK and how to support trans inclusive practices, we offer Gender Awareness Training for organisations. For more  in depth support and advice around trans equity and inclusion in the workplace, or to talk through a specific situation, please reach out about our consultancy services. 

* As the Combahee River Collective stated in their statement of 1977 – ‘As Black women we find any type of biological determinism a particularly dangerous and reactionary basis upon which to build a politic’. 

Statement on proposed amendments to Equality Act 

Pride Progress flag with 6 stripes and black and brown stripes and trans equality flag, on pink background

Andro and Eve work year round to serve the LGBTQ+ community, working towards queer liberation.

This week, in Pride Month, the Conservative Party announced a pledge that if elected, the Equality Act 2010 would be amended to change ‘sex’ to refer to ‘biological sex’. We will call this announcement what it is, transphobic, discriminatory and dangerous.

The Equality Act 2010 is an excellent piece of legislation that has been effective for 14 years, ensuring the protection of many different people with a variety of protected characteristics (including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). 

In its current guise, trans people can legally access single-sex services based on their gender. Services can also legally exclude trans people, whether or not they hold a Gender Recognition Certificate, if it is deemed ‘proportionate so as to achieve a legitimate aim’.  

Amendment of the Equality Act is not necessary. Attempts to alter the definition of ‘sex’ reflect a concerning trend towards the rejection of gender identity in favour of strictly biologically defined notions of sex which are both highly essentialist and racialised (Pearce et al., 2020). 

This is regressive and threatens the hard won gains for women’s rights and liberation of the early Feminist movement. It is also part of a growing resistance to sexual and gender rights in the UK (Nash et al., 2021) and is part of an increasingly prominent anti-gender politics (Tudor, 2021). This is further evidenced last month when The Conservative party announced a prohibition of the teaching of gender in schools. This threatens the rights of all citizens.

The intensifying academic, political, and public focus on ‘gender ideology’ and sex-based rights has a significant bearing not only upon the everyday existence of the people most affected – namely trans and gender diverse people, but also on the provision of key services and places of safety for people experiencing gender-based violence (GBV). This includes diverting vital resources and disrupting service delivery for all victim-survivors. 

Political debates centred on gendered spaces incorporate questions regarding trans women victim-survivors’ access to, or eligibility for services such as domestic abuse refuge or rape crisis and their right to live safely. In this, trans women are wrongly constructed as ‘predatory’ and their access to support a threat to (white) cisgender women’s safety (Phipps, 2020). This is despite mounting empirical evidence to strongly counter this false and dangerous claim (see for example, Pain et al., 2021; Stonewall & nfpSynergy, 2018). 

The voices of victim-survivors are woefully absent in this discussion, particularly those of trans and gender diverse people and those who are racially minoritised. These peoples’ views are vital, and their lived experiences of, and safety from, GBV, including domestic and sexual violence, a significant and urgent issue.

Violence against women and girls (including many LGBTQ+ women) is a huge concern that should continue to be challenged. Long term investment is needed to tackle this violence and misogyny. However, it is not necessary to re-define sex in the Equality Act in order for the provision of a range of services supporting diverse needs. Services have been delivering support and intervention to trans and gender diverse victim-survivors for decades without issue or incident. 

In our Gender Awareness Training we talk about transphobia being a set of actions or discourse that end up denying trans people the possibility of living freely, openly and safely in society. This proposed change in legislation would mean trans and gender diverse people could not access many of the services and public spaces that enable their full, safe and meaningful participation in public life. For victim-survivors of violence and abuse, it could also mean a risk to life. 

The Conservatives have had 14 years to address areas in the Equality Act 2010 that they now deem to be problematic, but have chosen not to do so. Now, in the run up to a General Election, the party has chosen to announce this proposal. The fact that it coincides with Pride Month in the UK, demonstrates just how far the fight for equality for all LGBTQ+ people still has to go. We and many others will continue that fight. Gender essentialism and trans exclusion has no place in a modern society and every person has a right to live safely and freely. 

This Pride Month, with a general election on the horizon, we’d encourage you to use your voice, get informed and vote wisely in support of LGBTQ+ rights. Above all, continue to be there for one another through the continued weaponisation of LGBTQ+ identities. 

If you’d like to learn more about developing more gender diverse and transgender inclusive practices within your organisation, please feel free to get in touch about our Gender Awareness Training.

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