Government publishes updated guidance on biological sex for single-sex services

The government has published new statutory guidance clarifying that single-sex spaces must be used on the basis of biological sex. The code of practice, laid before Parliament, follows a landmark Supreme Court ruling last year which stated that the terms "woman" and "sex" in the Equality Act 2010 refer to biological sex.

Women and Equalities Minister Bridget Phillipson said the updated guidance provides clear and workable direction for organizations, enabling them to take a pragmatic approach to serving society's needs. The government stated the code will support service providers, including hospitals, cafes, and leisure centres, in making practical decisions about everyday scenarios like toilet provision.

The extensive document, over 300 pages and updated for the first time since 2011, covers nine protected characteristics. It confirms that for a service to be classed as single-sex under the Equality Act, it must be used on the basis of biological sex. This means, for example, a trans woman would be excluded from a women-only service because her sex is male, and a trans man would be excluded from a men-only service because his sex is female.

However, the guidance also states it...