From Legal Definitions to Lived Realities: Why This Ruling Matters for Trans People — And What We Do Next

By Joanne Lockwood Inclusive Culture Expert | SEE Change Happen

It’s hard to put into words how it feels to read a judgment that, in effect, tells you that the law no longer sees you as the woman you know yourself to be. That your transition, your documentation, your journey — even your Gender Recognition Certificate — can’t override the fact that to the legal system, in this context, you are not who you say you are.

This is the reality many of us woke up to after the UK Supreme Court’s ruling in the For Women Scotland case.

The Court concluded that the Equality Act 2010 defines “woman” in terms of biological sex, not legal gender. That means trans women — even with a GRC — are not counted as women for the purposes of sex-based rights and provisions. The same logic applies to trans men. The implications? We can now be lawfully excluded from spaces, roles, and protections specifically designed for women or men.

It is, in a word, devastating.

But let me be clear: this is not a moment to sink into despair. It’s a call to action. A call to clarity. A call to compassion. 

Legal recognition doesn’t mean legal equality

Many people — even allies — are shocked to learn that a trans person can go through years of transition, change every legal document, and still be excluded from fundamental legal rights afforded to others.

The Gender Recognition Act says my acquired gender is recognised “for all purposes”. Yet the Supreme Court has now said: not for these purposes. Not where the Equality Act’s sex characteristic is concerned. The law has drawn a new boundary — and we now live outside it.

This creates a kind of legal schizophrenia — where our identities are recognised in some systems but erased in others. We are counted for tax, pensions, and passports. But not when it comes to safety, representation, or access to spaces designed for our affirmed gender.

That has a chilling effect. It tells every trans person: you’re included… until you’re not. 

This isn’t just legal. It’s deeply personal.

For trans women, this ruling will ripple into how we’re seen in society. Into every time we enter a women’s toilet and wonder who’s going to challenge us. Into whether a well-meaning employer decides we’re no longer eligible for a women’s leadership programme. Into whether a manager quietly drops us from the candidate list because they’re worried, we’ll “cause controversy”.

For trans men, it reaffirms the fear that you’ll never be fully recognised in male spaces. That the legal system will always see the sex you were assigned at birth.

It tells trans young people that no matter how far they travel in their journey, the law may still hold them at the starting line.

This affects how we belong. How we are treated. How we are protected. And how we are counted.

But here’s what it cannot take away:

Our identity. Our humanity. Our right to be treated with dignity and respect.

The law may define sex one way. But society can choose to be braver. Organisations can choose to include us. Employers can choose to say: “We see you, and you are welcome here“.

Because inclusion is not just about what’s required. It’s about what’s right. 

To every HR leader, policymaker, and organisational decision-maker reading this:

Don’t let this ruling be an excuse to shrink your circle of inclusion. Let it be a moment of renewal.

• Review your policies — not just for compliance, but for courage.
• Keep including trans women in your women’s networks.
• Keep empowering trans men in your male leadership pathways.
• Create gender-neutral alternatives that protect everyone’s dignity.
  
  

Ask yourself: what’s the spirit of the law we want to uphold? One that divides and excludes. Or one that uplifts, includes, and builds belonging? 

To every trans person reading this:

You are valid. You are not alone. You are still here — and you still belong.

This ruling will shape how trans people are treated for a generation. But that doesn’t mean it defines us.

We’ve weathered worse. And still, we rise.

So, let’s use this moment — not just to resist, but to reimagine. Not just to protest, but to build. Not just to survive, but to thrive.

Let’s make sure that future generations don’t just inherit our fight — they inherit our progress.

In solidarity, Joanne