One year on: how landmark ruling on single-sex spaces has changed lives | Transgender

Service providers across the UK remain in a state of uncertainty one year after a landmark Supreme Court ruling established that the legal definition of a woman is based on biological sex for the purposes of the Equality Act.

The judgment has significant implications for access to women-only services, including toilets and refuges. However, many providers are still waiting for official guidance on how to implement the ruling in daily operations.

The Equality and Human Rights Commission (EHRC) recently resubmitted an updated code of practice for government approval. This follows criticism directed at Equalities Minister Bridget Phillipson regarding the time taken to consider the guidance, which was first submitted in September.

A previous leaked draft of the guidance, which suggested a ban on transgender people using facilities according to their lived gender, faced strong opposition from organizations who viewed the proposed rules as unfair and legally unworkable.

Impact on Single-Sex Spaces and Organizations

Susan Smith of For Women Scotland, the group that brought the case against the Scottish government, stated that the ruling has “strengthened” the position of women in workplaces and social settings.

Smith noted that some organizations, including certain Rape Crisis and Women’s Aid centres, have reclaimed their mission as single-sex spaces to address sex-specific trauma. She expressed frustration over the government’s delay in ratifying EHRC guidance but maintained that the law remains in effect.

The National Federation of Women’s Institutes (WI) announced it will no longer accept transgender women as members starting April 2026. Chief Executive Melissa Green stated the decision followed legal advice concluding there was no other interpretation for sex under the Equality Act other than a biological one.

To maintain inclusivity, more than 60 groups are now participating in the “Sisterhood Initiative,” which provides trans-inclusive meetings outside of formal WI membership.

Personal and Professional Consequences

For some transgender individuals, the ruling has introduced new anxieties. Janey, a 70-year-old trans woman in London, reported a visceral fear when using women’s facilities, though she continues to do so to maintain her independence.

Jamie Hale, a trans man and wheelchair user, expressed concern over “palpable uncertainty” among hospital staff regarding ward placements. Hale warned that trans people might hesitate to seek medical help if staff feel too nervous to ask medically relevant questions about biological sex.

Jess O’Thomson, trans rights lead for the Good Law Project, stated that the ruling has been misrepresented as a vindication for excluding trans people from society. O’Thomson reports that many individuals are now “self-excluding” from spaces due to increased policing of single-sex areas.

Challenges for Small Businesses

The ruling has also created practical hurdles for small business owners. Bryony Jones, manager of the Grange pub in Cardiff, noted that the cost of structurally updating old toilet facilities to meet new expectations is prohibitive.

Jones has implemented a temporary solution by labeling the pub’s single accessible toilet as “for everyone,” noting that small businesses are being expected to comply without financial support.

Trade union activist Fiona Macdonald, who is taking the PCS union to a tribunal for discrimination against her gender-critical beliefs, welcomed the ruling as a necessary clarification for discussing sex-specific issues like menopause and pregnancy loss.