Thank you for contacting me regarding the Supreme Court ruling on definitions regarding sex, women and men within the Equality Act 2010.
Welsh Conservatives welcome the Supreme Court’s unanimous interpretation of the Equality Act that the words ‘sex’, ‘woman’ and ‘man’ refer to biological sex. This has brought much-needed clarity to the law, allowing for it to be interpreted in a clear and consistent manner going forward and for the uncertainty that has been hanging over single-sex services, spaces and institutions to be dispelled.
I recognise that this ruling will have significant implications, and am therefore pleased that the Equality and Human Rights Commission (EHRC) will develop a revised Code of Practice to support service providers, public bodies and associations to understand their duties under the Act moving forward.
It is important to note that transgender individuals have not lost any legal protections as a result of this ruling, the Supreme Court has simply confirmed that it is lawful to exclude biological males from female-only services and spaces where it is permitted under the Equality Act. The Court’s decision does not impact on the protections against discrimination on grounds of gender reassignment, nor does it prevent a transgender individual with a Gender Recognition Certificate from bringing forward a claim on the grounds that they had been perceived to be a woman.
My colleagues and I stand firmly against discrimination in society, just as we stand for the rights of women and girls to feel safe in areas where biological men are rightly excluded – there is a balance to be struck for the good of all, and we believe the Supreme Court have found it.