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Feminism: Sex and gender discussions

What the new equality guidance means for women's group - Women's Resource Centre

1 reply

IwantToRetire · 10/06/2026 21:09

Many women's organisations we've spoken to have been holding off on updating their policies after the Supreme Court ruling on the Equality Act last year. Many were waiting for the Equality and Human Rights Commission (EHRC) to have its' guidance approved by Parliament.

The EHRC's draft Code of Practice was laid before Parliament on 21 May 2026. The Code is not legally in force quite yet, though. After being laid before Parliament, it enters a 40-day scrutiny period, and it only takes effect once a commencement order is made by the Minister. The existing 2011 Code remains the applicable statutory code in the meantime, although it's worth noting that the Supreme Court ruling itself already legally binds organisations regardless.
So, if you haven't already done so, now is the time to embark on a thorough policy review for your organisation.

What the Code says

The Code follows the Supreme Court's April 2025 ruling in For Women Scotland v Scottish Ministers, which confirmed that "sex" in the Equality Act 2010 means biological sex. The Code translates that ruling into practical guidance across a wide range of settings, including healthcare, hospitality, leisure, and community organisations.
For women's organisations, the key point is this: single-sex services are legally defensible, and the Code provides a clearer framework for operating them. Restricting access to a service or space on the basis of biological sex is lawful where it is a proportionate means of achieving a legitimate aim, such as providing a safe environment for women who have experienced sexual or domestic male violence, or running refuge accommodation where women are living in a shared space.

Full article at https://www.wrc.org.uk/Blog/what-the-new-equality-guidance-means-for-your-organisation

(They also have a survey for groups linked to this, which depending on how many women's groups complete it should give a much clearer idea of how many groups are women only and how many are trans inclusive.)

What the new equality guidance means for your organisation

A summary of the impacts of the Supreme Court ruling and EHRC Code of Practice on women's organisations and what they need to consider as a matter of some urgency

https://www.wrc.org.uk/Blog/what-the-new-equality-guidance-means-for-your-organisation

OP posts:
IwantToRetire · Yesterday 17:52

I posted this because although what is said it straight forward, it is in fact the first statement I have seen directly addressing women's groups and having the right to be women only, by anyone who is not just part of the women's sector, but the group that supposedly represents women's groups..

And it made me wonder whether the equivalent group in Scotland, said to represent women service providers will do anything similar.

It is of course far to late to be saying this, and I think betrays the fact that probably the WRC was at one time telling groups they could be "legally" women only and include TW.

I wonder if the MBM investigation(*) made a difference, or they have been more influenced by Mary Ann Stephenson being at the EHRC as she used to work in what is referred to as the Women's Sector.

(*) there was a thread about this which I cant find at the moment but this is the link to it https://murrayblackburnmackenzie.org/2026/04/16/losing-focus-womens-charities-and-the-uk-supreme-court-ruling/

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