Joint Statement on the UK Supreme Court ruling on biological sex and the Equality Act 2010

Joint Statement from the Political Committee of the Communist Party, the Central Committee of the Young Communist League, the CP & YCL Women’s Commissions on the UK Supreme Court ruling that “sex” means biological sex in the Equality Act 2010.

We welcome the Supreme Court’s clarification that “sex” means biological sex in the Equality Act 2010 in the case For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) 16 April 2025.

The Supreme Court judgement was decided on the basis that the only coherent legal interpretation of the provisions defined in the Equality Act relating to sex discrimination was by reference to biological sex, upholding women’s legal right to single-sex provision in employment, education facilites, sports, prisons, etc.

This materialist outcome corroborates our view that “sex” must mean biological sex for the purposes of the Act and any other interpretations would negate its single sex statutory protections.

We reject any notion that the Supreme Court ruling was influenced by, or issued as a result of, a transphobic political climate and note Lord Hodge’s remark when delivering the judgement – that it should not be seen as victory of one side over another.

We oppose misrepresentations of the ruling causing anxiety and division. Trans people continue to have protection against discrimination and harassment within the Equality Act and “In the light of case law interpreting the relevant provisions, a trans woman can claim sex discrimination because she is perceived to be a woman.”

We reiterate that efforts must be made to improve resourcing within the current system for trans people to access the health and welfare services they need across Britain and that the Communist Party will continue to call for these.

For Women Scotland, in winning their case against the Scottish government, have provided legal clarification for women and girls in the fight to assert and defend single sex provision in Britain, and we commend them. ENDS.

END.

You can find out more about the Party’s Political Committee here.

You can find out more about the Party’s Women’s Commission here.

For further information or to arrange an interview contact Johnnie Hunter, Communications Director, johnniehunter@communistparty.org.uk.