Supporting Trans Rights: Actionable Steps for Organisations and Individuals After the Supreme Court's Decision
- Trish Driver
- Apr 24
- 3 min read
I’m writing this just over a week after the Supreme Court’s recent decision on the definition of “biological sex” in the context of the Equality Act. Many of our clients are still grappling with what the ruling means, and how best to support trans people in their organisations, as well as their clients, consumers, and service users.
This blog aims to signpost some of the best, most reliable guidance available right now. I’m not a lawyer (my terrible memory for dates ruled that career out early, according to my school careers advisor!), but I have done a lot of reading since the ruling came out. At the end of this post, you’ll find links to some brilliant individuals and organisations you may want to follow.
Here’s what you need to know:
What the Ruling Says
The Supreme Court has clarified that, for the purposes of single-sex exceptions under the Equality Act, the term “woman” refers to biological sex. This means that:
Organisations that want to run single-sex services (such as a women-only space or a female-only sports club) can do so without legal challenge, as long as it's justified.
Importantly, there is no obligation for any organisation to change its policies.
Organisations that have historically supported trans women, like Refuge, can continue to do so.
The ruling does not require the exclusion of trans people from services or spaces. Rather, it allows for this in specific cases where it is a proportionate means of achieving a legitimate aim.
What This Means in Practice
The social and emotional impact has been significant. Here's what we've already seen:
Trans people, especially trans women, are feeling more vulnerable than ever. Many have never felt particularly safe or welcome in public spaces to begin with, and this ruling has added another layer of fear and uncertainty.
Cisgender women who do not present in traditionally “feminine” ways are also concerned about being challenged or excluded in women-only spaces.
Trans inclusion must now be made explicit. If your organisation welcomes trans people in specific spaces, you need to say so. Silence can be interpreted as exclusion.
What Your Organisation Can Do
Now is not the time to stay quiet. Here are a few steps organisations of all kinds can take:
Speak up. Organisations like Refuge have issued immediate and clear statements affirming that they remain inclusive of trans women. These kinds of public commitments are essential.
Make your stance clear. For example, businesses should communicate that trans employees are still welcome to use the facilities that align with their gender identity.
Support your Employee Resource Groups (ERGs). Ensure that trans and non-binary colleagues know they are still included in gender-based ERGs. Women’s groups in workplaces are set up on the basis of shared experience and marginalisation - something trans women understand only too well.
What Individuals Can Do
There are also steps individuals can take:
Raise your voice. The brilliant team at Trans Actual has published guidance on how to write to your MP and the Prime Minister. According to recent reports, anti-trans groups are vocal. We we need to ensure that those in power hear from the MANY MANY more of us who love, respect and support our trans communities than those on the dark side would have us believe.
Educate yourself. Trans people make up less than 1% of the UK population, so many people don’t have direct relationships with trans individuals - something which research shows makes a big difference in allyship. Take the time to listen, learn, and reflect.
Here are some people and organisations we recommend following for thoughtful, first-hand insight and advocacy:
The Good Law Project and Jolyon Maugham – they are doing critical legal work to challenge and clarify legislation. You can support them here.
Useful Resources
This article by Robin Moira Wright provides further context and clarity following on from the ruling.
This fabulous and practical article by Joanne Lockwood.
A Final Note
The Supreme Court’s ruling did not remove protections for trans people. The protected characteristic of gender reassignment remains part of the Equality Act. That means trans people are still legally protected from discrimination, harassment, and victimisation.
We all have a role to play in making sure that workplaces, services, and public spaces are safe, welcoming, and inclusive for everyone - especially now.
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