Content Warning: Discussion of 16th April Supreme Court decision; Transphobia
On 16th April 2025, the UK’s Supreme Court issued a ruling that redefined the meaning of the term ‘woman’ in the 2010 Equality Act. In non-jargon terms, this means that the Supreme Court has made it much more difficult for trans people in the UK to be a part of ‘single sex’ spaces according to their gender.
The Equalities and Human Rights Commission (EHRC), which ensures that the 2010 Equality Act is implemented, issued guidance a few days after the ruling was announced, aiming to provide clarity for people and organisations who were concerned about the implications of the ruling. This guidance has been followed by a consultation on new codes of practice, which will ultimately determine how the 16th April ruling is implemented by people, businesses, and organisations. Both LSE and LSESU will have some legal obligations in light of this ruling, and so the development of these codes of practice are incredibly important to us. It’s also very important that, as a Students’ Union, there is continued engagement with the consultation process so that there can be continuous advocation for our students to receive fair treatment if they possess a protected characteristic.
What is the Equality Act?
In 2010, the British government passed the Equality Act, which brought together over 116 separate pieces of legislation aimed at protecting the rights and dignities of marginalised groups in the UK. The legislation that was merged in this Act included the 1970 Equal Pay Act, the 1975 Sex Discrimination Act, the 1995 Disability Discrimination Act, and the 1976 Race Relations Act, among many others.
This piece of legislation means that everyone in the country is protected against discrimination on the grounds of age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion, sex, and sexual orientation. These are what is known as protected characteristics.
Under this legislation, a trans woman with a Gender Recognition Certificate (GRC) might be protected against discrimination because of gender reassignment, but also on the basis of sex, as she would legally be considered a woman under the Equality Act. That is, until recently.
What happened on 16th April?
In April, a decision was reached in the case of For Women Scotland vs Scottish Ministers. This case has been around for several years and was based on the premise that the group For Women Scotland believed that a GRC should not change a trans person’s legal sex when trying to balance gender representation on public boards. (This is a very brief summary of the case – if you want to find out more click here.) Since Gender Recognition Certificates were introduced in 2004, they have legally changed a person’s sex for all purposes. The judgement that was handed down in April means that a GRC no longer changes a person’s sex in the context of the Equality Act.
This means that trans people’s inclusion in ‘single sex’ spaces can now be challenged on the premise that they should only use facilities in line with their sex assigned at birth. There EHRC interim guidance also suggests that there are instances when trans people could be excluded from facilities that align with their sex assigned at birth.
Why are we worried?
This ruling has come at a very particular time, and in a very specific political context. Trans people in the UK and around the world are facing increasing marginalisation and discrimination, and while the UK Supreme Court has said that the intention of this ruling is not to damage trans rights or legal protections, many organisations are concerned that this change will encourage transphobic behaviour and the policing of gendered facilities. It is a discriminatory act to assume that you can tell someone’s sex assigned at birth by their appearance, and there is concern that this ruling will lead to the increased exclusion of trans people from public life to the point where they may find there are decreasing amounts of facilities and services available for their use.
We know that trans students experienced challenges at LSE prior to the Supreme Court’s ruling and are aware that this ruling has come in midst of particular political context for universities, especially considering recent Freedom of Speech legislation that is concerned with protecting the ‘right to disagree’ on university campuses. As with Sussex University, there are concerns that universities will be forced to undermine their trans-inclusive policies in the name of academic freedom. The SU is clear that there are ways to ensure the protection of trans people while maintaining and encouraging academic freedom and expression.
A lot of our campaigning work is based on the Equality Act. Almost all of the legal protections and precedents we depend on to advance our causes are based on the premise that the Equality Act should be upheld. The recent decision denies the reality of trans people's existence today and will lead to daily discrimination and humiliation. It is concerning that this key piece of legislation can be altered in such a way that it no longer reflects, and by extension protects, the reality of trans existence.
What does this mean for LSE students?
Right now? Not much. Confirmed guidance from the EHRC about what the implementation process of this ruling will look like is still pending, and there is hope that the impact will be minimal, especially given the gender-neutral facilities that are on campus. While maintaining trans-inclusive single-sex facilities, services, and groups now exposes universities and students’ unions to a degree of legal risk, so does implementing trans exclusionary policies.
However, it’s a scary time to be a trans person in the UK. It is more crucial than ever to show solidarity with our trans community and ensure SU societies and events remain safe spaces for all your fellow students.
So, what are we doing about it?
LSESU Sabbatical Officers and LGBTQ+ Officer have been working to make sure that students remain informed about any policy changes at LSE in light of this ruling. They have attended a meeting of the School’s LGBTQ+ Steering Group where the implications of the ruling were discussed and will continue to push to ensure that trans students and staff remain at the centre of discussions about policy changes. By liaising with NUS, and staying in line with their recent guidance, there will be resistance to any premature changes to policies that will negatively impact trans inclusion on campus.
A response is currently being formed in regard to the EHRC’s consultation on its new codes of practice, and it is only after these new codes of practice are confirmed that there is expectation for institutions like LSE to have to make any policy changes. NUS is of the opinion that changes to any policies would be premature at this time. If you want to be involved with the writing of our response, please contact su.campaigns@lse.ac.uk, or fill in this form. We are hosting a drop-in session to discuss the response and get student feedback on Tuesday 17th June at 11:30- come along online or in-person in the Hall Carpenter Room.
We now have a stock of Trans Legal Clinic Carry Cards at the LSESU offices- come by and pick some up from the front desk!
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