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27 June 2025 / Zoë Chapman
Issue: 8122 / Categories: Opinion , Human rights , Equality , Public , Diversity
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Trans rights wronged?

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Did the outdated framework of the Equality Act 2010 force the Supreme Court’s hand in its binary interpretation of ‘sex’? Zoë Chapman unpacks the implications for trans rights following For Women Scotland
  • The UK Supreme Court has ruled that ‘woman’ and ‘man’ in the Equality Act 2010 (EqA 2010) refer strictly to biological sex, excluding trans individuals from these categories in legal terms.
  • While trans people retain some protections under EqA 2010, the judgment effectively permits blanket exclusions from single-sex spaces, undermining their legal recognition and rights.
  • The ruling exposes EqA 2010’s outdated binary framework, prompting calls for inclusive updates that reflect modern understandings of sex and gender.

On 16 April this year, the UK Supreme Court delivered its judgment in the case of For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16. The appeal was concerned with establishing the correct interpretation of the words ‘woman’, ‘man’ and ‘sex’ in the Equality Act 2010 (EqA 2010). From the outset, the Supreme Court was at pains to stress that the ruling ought not to be considered a ‘triumph’

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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