Balancing Rights The Proportionality Test and Trans Access to Single-Sex Spaces

Impact by Design: The Trans Inclusion Podcast

• 12 min

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Welcome to Trans Toolkit, where we help you navigate the evolving legal landscape around trans inclusion in the UK. In this episode, "Redefining Sex and the Proportionality Test," Alex and Jo break down the seismic shift following the April 2025 Supreme Court ruling in For Women Scotland v The Scottish Ministers. This case clarified that 'sex' in the Equality Act 2010 refers to biological sex—but as you'll hear, that’s far from the whole story. Our hosts unpack what this definition means for real-world organizations, from the Women’s Institute to Girl Guiding, many of which are struggling to interpret the law without crossing into discrimination. Jo and Alex examine the so-called “proportionality test”—the legal requirement that any exclusion of trans people from single-sex spaces must be rigorously justified, not just based on assumptions about privacy or safety. Through real examples and expert analysis, you'll discover why blanket bans are likely to land organizations in legal trouble, how policies intended to protect often end up widening harm, and what practical steps leaders must take to create policies based on dignity, evidence, and inclusive practice. Whether you’re an HR manager, a membership group leader, or just trying to make sense of the headlines, this episode gives you the essential toolkit for balancing conflicting rights and avoiding legal and reputational risks in a post-ruling world.