Equality Act

Update on Supreme Court Ruling: Sex and Equality Act

On 16 April 2025, the UK Supreme Court ruled in For Women Scotland Ltd v The

Scottish Ministers that the term “sex” as stated in the Equality Act 2010 refers to

biological sex. This is regardless of a Gender Recognition Certificate.

Q&A on the Judgment

Will this impact golf in the future?

Yes, the ruling has implications for single-sex spaces (e.g. changing rooms) and

some competitive events, but more detailed guidance is expected to clarify the

specifics for golf.

Are transgender individuals still protected under the Equality Act?

Yes, transgender individuals remain protected from discrimination, harassment,

and victimisation, as gender reassignment is a separate protected characteristic

under the Equality Act.

What guidance has been issued so far?

On 25 April 2025, the Equality and Human Rights Commission (EHRC) published

an interim update that highlights the main consequences of the judgment,

outlining the following key points:

• ‘Sex’ in the Equality Act refers to biological sex, and a trans person’s sex is

determined by their biological sex, not their gender identity.

• Single-sex facilities should be available in workplaces and public services

where necessary.

• Transgender individuals should not be allowed to use facilities intended for

the opposite biological sex, except in specific circumstances.

Will there be any further guidance given?

The EHRC has stated they aim to provide an updated Code of Practice by the end

of June 2025, although this is subject to government approval. This will offer

more detailed advice on how to implement the ruling.

What should golf clubs do in the meantime?

Golf clubs should familiarise themselves with existing policies and monitor

developments to ensure they are ready to adapt when further guidance is issued.

What happens next?

A public consultation on the practical consequences of the judgment will take

place in mid-May 2025 for two weeks. We encourage stakeholders to stay tuned

for further updates, as we will

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