Labour's continued denial of biological sex has left 'millions of women living in fear'

Labour's continued denial of biological sex has left millions of women "exposed, unsupported, and silenced", campaigners say.

It is one year since the Supreme Court ruled sex is assigned at birth. The judgement ruled a woman, in law, means a biological woman rather than preferred gender.

Yet despite a string of high-profile legal victories, all involving frontline NHS staff, the Government has still failed to deliver new guidelines to protect women and children.

Nurse Bethany Hutchison, who led a successful challenge against County Durham and Darlington NHS Foundation Trust for allowing a biological male trans woman to use a female changing room, said: "This anniversary should have been a moment of clarity. Instead, it highlights a vacuum.

"A year on, the government has still not published the longpromised guidance on singlesex spaces, guidance that is urgently needed not only across the NHS but throughout every public service in the UK. The absence of clear policy has left frontline staff exposed, unsupported, and in some cases actively silenced through a culture of fear."

In its landmark ruling on April 16, 2025, the Supreme Court said a woman, in law, means a biological woman. It was given following a campaign by For Women Scotland, led by Susan Smith and Marion Calder.

Its judgement said the terms "woman" and "sex" in the Equality Act refer only to a biological woman and to biological sex, effectively amounting to a blanket ban on trans people using toilets and other services of the gender they identify as.

The historic ruling plunged the public sector, particularly the NHS, into chaos at a time of mounting growing concern at policies prioritising gender identity over sex-based protections.

A subsequent employment tribunal found mum-of-two Mrs Hutchison, 36, and colleagues were victims of harassment and sex discrimination and ruled their employer's policy of allowing men into women's spaces is unlawful and violates the rights of its female staff.

The panel declared the law leaves no scope for permitting men to use a female changing room based on their "gender identity" or under any other pretext.

That ruling was hailed as a major victory for those campaigning to protect and uphold women's rights because it came in wake of last year's Supreme Court ruling.

But campaigners said nothing has changed as the Government had failed to ensure the public sector - and NHS in particular - adheres to the law.

Last year Scottish nurse Sandie Peggie was suspended by NHS Fife after she complained about having to share a changing room with transgender medic, while Jennifer Melle was removed from frontline duties and reported to the Nursing and Midwifery Council after a 6ft male sex offender identifying as a woman arrived at hospital in from a men's prison in chains, yet objected to being called "Mr".

Epsom and St Helier University Hospitals NHS Trust was forced to reinstate Ms Melle after a public backlash and paid her a five-figure settlement.

All the nurses were supported in their case by the Christian Legal Centre.

An updated code of practice drawn up by the Equality and Human Rights Commission was sent to Education Secretary Bridget Phillipson, also Minister for Women and Equalities, on September 4.

One month later it wrote to her demanding it be brought to Parliament as soon as possible.

The 12-month delay has seen the Government accused of dragging its heels and blocking guidance that would uphold women's rights and ensure lawful single-sex spaces.

Fiona McAnena, of charity Sex Matters, said: "A year ago, the Supreme Court ruled that women are female, men are male, and those are biological facts that can't be changed. But NHS staff are still expected to indulge the fantasy of a man who says he is a woman. We are all sick of this charade. The NHS needs to cure itself of this gender madness before more people are harmed."

Nurses working on a day care ward at Darlington Memorial Hospital took action after Rose Henderson - a male nurse identifying as female - menacingly loitered as they changed.

Their pursuit of justice - taken on behalf of millions of women and children - was backed by Harry Potter author and women's rights activist J.K. Rowling and they become known as The Magnificent Seven.

None was informed their changing room would be infiltrated by a biological male.

Mrs Hutchison, 36, said: "Our experiences exposed a culture where legitimate safeguarding concerns about men in women's changing rooms were smeared as bigotry, where women were told to 'broaden their mindset', and where raising questions about male access to female changing rooms was treated as an inconvenience, 'noise in the system', as one senior figure reportedly put it.

"The Supreme Court ruling made clear that singlesex spaces are lawful and that public bodies must understand and apply the law correctly. Yet without national guidance, institutions are left improvising, often badly.

"The result is confusion, inconsistency, and, as our nurses' testimony shows, real harm.

"The government can sort this once and for all by publishing the guidance, overhauling policies, and restoring confidence that women's rights, staff safety, and safeguarding are not optional extras but essential foundations of public service. Our nurses, and the public they serve, deserve nothing less."

Andrea Williams, Chief Executive of the Christian Legal Centre, said: "One year on from the For Women Scotland Supreme Court ruling, the Government has still failed to publish the guidance that public bodies urgently need.

"The ruling was clear, yet no one has seen the promised framework that should have followed. Instead of providing clarity, the government, through formal parliamentary statements, is now trying to muddy the waters by diverting attention toward new proposals on banning 'conversion practices'. This only deepens the confusion.

"Meanwhile, frontline nurses and other women in public services continue to suffer the consequences of policies that ignore biological reality and undermine lawful singlesex protections.

"Every day without guidance leaves more women exposed, more staff unsupported, and more safeguarding concerns dismissed.

"The Government must stop delaying, stop distracting, and finally deliver the guidance that the law requires."

Dr Mary-Ann Stephenson, Chair of the Equality and Human Rights Commission, said: "Progress is being made towards accurate and up-to-date guidance on the Equality Act 2010 being available to service providers, associations and those exercising public functions.

"The Government recently provided us with a narrow set of comments on the draft Code of Practice we submitted in September. Having considered this feedback alongside consultation responses and further legal analysis, we have made adjustments where they help the Code provide legally accurate, practical guidance that is useful to duty bearers.

"These aim to strengthen duty bearers' understanding of the law and how it applies across a range of the scenarios they encounter day-to-day. So that all service users are treated with dignity and respect, in line with the Equality Act.

"Our amended draft services Code of Practice has now been sent for the Secretary of State to approve in advance of it being laid in Parliament."

A Government spokesperson told the Express: "We have always supported the protection of single-sex spaces based on biological sex. The Supreme Court's ruling last year brings clarity for women and service providers such as hospitals and refuges.

"We are currently in the pre-election period, when governments do not make announcements on significant issues relevant to the areas where elections are taking place.

"On Tuesday we received an updated draft Code of Practice for Services, Public Functions and Associations from the EHRC. We are now working at pace with the intention of laying the Code in May, after the election period. We are getting it right, ensuring duty bearers are able to uphold the law."