06 June 2025

Lawyers continue to grapple with the Supreme Court’s recent judgment on gender and sex definitions. In this week’s NLJ, Dr Nathan Tamblyn, senior fellow in law reform at the University of Lincoln, dives into the confusion and conundrums that arise when attempting to apply the For Women Scotland judgment to real-life situations
Tamblyn casts a critical eye at the Equality and Human Rights Commission’s public consultation on the Equality Act 2010 following the case.
For example, Tamblyn writes, ‘Despite the lack of a definition, the EHRC adopts the term "biological sex", but adds to it another term, "legal sex", which was not used by the Supreme Court itself. This risks being misleading.’RELATED ARTICLES