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The law is clear – so get on with it!

The Supreme Court judgment in the For Women Scotland case made it clear that in law, sex-based words refer to biology and not to identities, and the Equality and Human Rights Commission has provided practical guidance.

It’s time for organisations to get on with complying with the Equality Act, which protects everyone’s rights.

They need to adopt simple sex-based policies and make it clear that they expect people to follow them.

The law is clear

The law is clear…

The law is clear on toilets

… on toilets

Where a service is provided separately for men and women, this means biological sex.

Everyone should be expected to follow simple signs and rules.

More on toilets

… for schools

Schools need to know, record and refer to every child’s sex to keep them safe.

Schools must be clear that boys are male and girls are female.

More on schools

… on sport

There is no requirement to include men in women’s sport at any level.

Sports organisations distributing public money must protect women’s sport.

More on sport

… on freedom of belief

Employers and service providers must not discriminate against people for expressing the belief that sex matters.

There is no law against “misgendering”.

More on freedom of belief

… on women’s rights

When an organisation takes action to meet the needs of women as a group, this means female people.

It doesn’t include men who identify as women.

More on women’s rights

Supreme Court judgment

The Supreme Court made its ruling in For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) on 16th April 2025.

Our online version of the judgment lets you move between sections and follow all the references.

Read the judgment

Ben Cooper KC (who represented Sex Matters in our intervention in For Women Scotland) explains why duty bearers under the Equality Act must take action now.

His comprehensive legal analysis supports a simple, clear approach to operating single-sex and separate-sex services.

Read the analysis

Take action now

Updates

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