London, UK— The recent Supreme Court ruling clarifying the definition of sex in the Equality Act 2010 has triggered significant changes in policy, particularly regarding transgender individuals and access to single-sex spaces.
Following the judgment, the British Transport Police (BTP) announced that trans women in custody will now be searched by male officers, based on their biological sex at birth.
This marks a departure from previous practice, where individuals with a Gender Recognition Certificate (GRC) were searched per their acquired gender.
A BTP spokesperson confirmed the change as an interim measure, stating that the force is “reviewing the implications of the ruling” and will update its policies in line with national guidance and the law.
The ruling by Lord Hodge, delivered in London, stated that under the Equality Act, the terms “sex” and “women” refer strictly to biological definitions, not gender identity.
However, the court reaffirmed that gender reassignment remains a protected characteristic, ensuring trans people remain protected from discrimination.
In light of the ruling, Baroness Kishwer Falkner, chair of the Equality and Human Rights Commission (EHRC), stated on the BBC’s Today program that trans women should no longer have access to women’s changing rooms and toilets in places like gyms and swimming pools.
She emphasised that single-sex services must now be based on biological sex, not gender identity.
Baroness Falkner acknowledged concerns from trans campaigners about public facilities, urging the creation of neutral third spaces where possible.
“There isn’t any law saying you cannot use a neutral third space,” she said. “They should be using their powers of advocacy to ask for those.”
The ruling also has implications for trans participation in women’s sports. World Athletics President Lord Sebastian Coe welcomed the decision, stating it provides clarity and supports fair competition for biological women.
The EHRC confirmed it is drafting an updated Code of Practice to reflect the ruling. This guidance, which will assist service providers, public bodies, and associations, is expected to be presented to Parliament before the summer recess in July.
