, Cabinet Secretary for Social
Justice, Trefnydd and Chief Whip: The Welsh Government is firmly
committed to equality and inclusion and protecting the dignity
and human rights of all people in Wales.
On 16 April 2025, the Supreme Court gave its ruling on the
meaning of sex in the application of the Equality Act 2010.
The Court clarified that the meaning of woman within
the Equality Act 2010 is based on Parliament's reference to
biological sex in the Sex Discrimination Act 1975.
The court was clear that it was ruling only on the
definition of man, woman and sex as they are used in the
provisions of the Equality Act 2010.
The Welsh Government respects the decision of the Supreme Court.
We will take the time to consider the judgment and the interim
guidance from the Equality and Human Rights Commission carefully
and take the steps required to meet our obligations under the
Equality Act 2010 as clarified by the ruling.
According to the ruling the provisions of the Equality Act
2010 relating to the protected characteristic of sex can
only be interpreted as referring to biological sex. The ruling
will also impact on the provision of single-sex spaces as set out
in the Act.
Lord Hodge giving the judgment, counselled “against reading this
judgment as a triumph of one or more groups in our society at the
expense of another—it is not.”
We should be clear that this interpretation of
the Equality Act 2010 does not remove protection from
trans people, with or without a Gender Recognition
Certificate.
Respecting the rights of trans people is key to ensuring this
protection.
The judgment makes it clear that trans people continue to be
protected from discrimination and harassment based on the
protected characteristic of gender reassignment.
Discrimination and harassment against all people with one or more
protected characteristics are neither legal, nor in any way
acceptable.
We acknowledge the fear and uncertainty trans people across Wales
are experiencing and assure you that Welsh Government will value
respect, compassion and kindness in all interactions with trans
people and communities.
