Statement in response to the Supreme Court ruling on the legal definition of sex

Following last year's Supreme Court's ruling on the legal definition of sex within the Equality Act 2010, which stated that the legal definition of sex is biological sex, the Equality and Human Rights Commission (EHRC) has published a draft Code of Practice containing guidance on how to apply the ruling. 

The law in this matter has been clarified. The EHRC guidance is not yet statutory. Both the law and the guidance place obligations on service providers in relation to single-sex spaces and services. The response to both the ruling and guidance has highlighted that there are tensions between clarifying that sex in law means biological sex and considering what the practical implementation of the law means for different service users, particularly trans and gender diverse people, intersex people and those with differences of sexual development.  

At York St John University, we remain dedicated to three fundamental principles:  

1. We are committed to being an inclusive university in which all members of our community, including all those who have a protected characteristic or hold a protected belief, are treated with dignity, respect and fairness.  
2. We are committed to freedom of speech and academic freedom, and to supporting the rights of staff and students to hold and express lawful views.
3. We are committed to complying with the law.

Within our community, there are differing perspectives on these developments. Some colleagues and students welcome the judgment as providing greater legal clarity. Others, particularly some trans and gender-diverse members of our community, have expressed concern about its implications. We also recognise that those with other protected characteristics and protected beliefs may be impacted in discussions arising from these issues. We are committed to respecting the rights, dignity and lawful expression of all members of our community.  

Our commitment to freedom of speech means that everyone is supported to freely express lawful opinions, even when views and values don’t align with those held by others. Integrity, trust and inclusion are at the heart of our Leading YSJ Framework, and we trust our colleagues to work within the legal framework and to treat each other with dignity and respect.   
  
A dedicated team at York St John is auditing our single sex provision and policies and we recognise that this is a complex issue. Whilst the Supreme Court has clarified the meaning of sex for the purposes of the Equality Act 2010, universities must continue to consider how that framework interacts with other legal obligations, including duties relating to privacy, human rights, data protection, safeguarding, freedom of speech and academic freedom.  

The team will work in collaboration with Students’ Union representatives, trade union representatives and staff networks, and welcomes further input into understanding the implications for the University. We are processing legal guidance alongside a commitment to our own institutional values to provide a safe, inclusive, and welcoming environment for everyone and this work is likely to evolve as further clarification on some of these complexities arrives. 

A key principle throughout this process is a commitment to open and transparent discussion on any issues arising from the ruling and code to ensure all perspectives are heard. In complying with the law, we will act reasonably, and where changes are required, we will explain the reasons for them and the legal basis on which they are made. 

We recognise that members of our community may be experiencing a range of emotions, including concern, anxiety, frustration, uncertainty or relief. Support remains available to anyone affected by these developments, and we encourage staff and students to access support services and networks where helpful.  
   
Students can access support from our Wellbeing and Welfare teams via our Student Hub. For staff, a full range of support can be accessed via our Health and Wellbeing intranet page.  Dedicated support for trans, non-binary and genderqueer staff and students is detailed in our Trans and Gender-diverse Inclusive Framework. In addition, the LGBT Foundation has a range of useful resources which includes a support line.   
 
Thank you for navigating these changes with empathy. 

Previous update from July 2025

This update follows the UK Supreme Court's ruling in relation to For Women Scotland (Ltd) versus the Scottish Ministers, and the subsequent consultation process conducted by the Equality and Human Rights Commission. The ruling was in response to a challenge to Scottish legislation and is expected to have a wide-reaching impact on how equality law is interpreted across the UK.

At York St John University, we know that the ruling has left some trans and gender diverse students and staff feeling uncertain about how this change might impact them. We are an inclusive University and are committed to providing a safe and supportive environment for our trans and gender diverse staff and students.

We have responded to the consultation by the Equality and Human Rights Commission (EHRC) on their code of practice for services, public functions and associations. We have outlined the need for clarity, including in relation to existing rights for trans people under the Equality Act 2010 and Gender Recognition Act 2004 and to ensure that we can fulfil our duties under the Public Sector Equality Duty.
 
We are currently in discussions with colleagues while we audit our provision and policies and will not be taking any immediate action during this process. As we work through this approach and forthcoming EHRC guidance, we will update any relevant policies in line with statutory requirements. Ultimately, our aim is to co-create solutions with relevant stakeholders to comply with the law while adhering to our own institutional values. Those values include being a trans-inclusive institution where harassment and discrimination are not tolerated.

We understand some of our staff and students may be feeling anxious following the ruling and might benefit from some support.
 
Students can access support from our Wellbeing and Welfare teams via our website.
For staff, a full range of support can be accessed via our Health and Wellbeing intranet page. 

Dedicated support for trans, non-binary and genderqueer staff and students is detailed in our Trans and Gender-diverse Inclusive Framework.

We recognise that people will have personal and varying views in response to the ruling and we support everyone’s right to engage in open dialogue in line with principles of freedom of speech and academic freedom. 

Thank you for navigating this change with empathy and respect.