header-logo header-logo

NLJ this week: Supreme Court’s binary ruling exposes flaws in equality law

27 June 2025
Issue: 8122 / Categories: Legal News , Equality , Human rights , Diversity , Public
printer mail-detail
224105
Writing in NLJ this week, Zoë Chapman, criminal barrister at Red Lion Chambers, critiques the Supreme Court’s ruling in For Women Scotland Ltd v Scottish Ministers

The court held that ‘sex’ in the Equality Act 2010 refers to biological sex, excluding trans women with a Gender Recognition Certificate from the definition of ‘woman’.

Chapman argues this binary interpretation is reductive and outdated, ignoring medical realities like intersex conditions. While the court insists trans people retain protections under other provisions, Chapman warns the ruling may embolden blanket bans in single-sex spaces. She calls for legislative reform to reflect modern understandings of sex and gender, noting that the Equality Act is increasingly unfit for purpose.

The judgment, she concludes, may have far-reaching consequences for trans rights, public services, and legal clarity—raising urgent questions about how equality is defined and defended in law.

Issue: 8122 / Categories: Legal News , Equality , Human rights , Diversity , Public
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
back-to-top-scroll