Reposted by Newt
"The government has claimed it is following the science, yet science does not stop, and did not stop with the publication of the Cass Report, much as many politicians and journalists would have liked it to. The extensive criticism of the Cass Review and the puberty blocker ban are science."
![Legal incoherence
6. In For Women Scotland v Scottish Ministers [2025] UKSC 16 the Supreme Court ruled that the terms "sex", "woman" and "man" in the Equality Act 2010 refer to "biological sex," rather than sex as certificated by a Gender Recognition Certificate. The Court also reaffirmed that trans people remain protected under the "gender reassignment" protected characteristic.
7. The Supreme Court's ruling requires women-only spaces to be respected. However, your guidance appears to treat access to men's and women's single-sex spaces based on biological sex as if this were an absolute rule, rather than - as the Equality Act states an exception justified by proportionality (your guidance says, "trans women (biological men) should not be permitted to use the women's facilities and trans men (biological
women) should not be permitted to use the men's facilities").
8 This approach risks violating Section 19 (indirect discrimination) and Section 26 (harassment) of the Equality Act, and exposes service providers to possible legal claims. The lack of universally available alternative facilities makes the guidance impractical and, in many cases, impossible to implement without breaching the law.
9 In the context of services, the suggestion in the guidance that admission to single sex facilities must always be based strictly on biological sex does not, in my view, come from the Supreme Court's ruling. Indeed, as the former Supreme Court Justice Lord Sumption said last week, the judgment allows service providers to exclude trans people from single sex spaces but does not oblige them to do so.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:zsavht65qe2dxize3jc3qqos/bafkreih4nubkmb7eunp2zhizkwojv52cunhjexmmznpv3hav54n4ojgfz4)
