1 Month On From The Supreme Court Ruling: EHRC Guidance & LonGBoaT Wakefield's Safe Space Scheme

On 16 April 2025, the UK Supreme Court handed down a ruling that’s left a lot of people – especially trans and non-binary folk – feeling anxious, angry, and uncertain about their place in society.

In short, the court ruled that under the Equality Act 2010, the terms “woman” and “man” refer strictly to biological sex. This means that even if a trans woman has a Gender Recognition Certificate, they may still be excluded from women-only spaces and services, and vice versa for trans men.

If you’re thinking, “Hang on – what about the rights of trans people?” — you’re not alone.

The court’s position is that sex and gender reassignment are separate protected characteristics, but this ruling seems to have made it easier for organisations to justify excluding trans people from certain spaces, regardless of how they identify.

We’ve covered our reaction in more detail in our two previous blog posts, if you fancy a catch-up:

👉 Our initial response to the ruling

👉 Our experience protesting the ruling

The Equalities Commission Guidance: Not Helpful

Shortly after the ruling, the Equality and Human Rights Commission (EHRC) released interim guidance. In a nutshell, it recommends that workplaces and service providers treat "sex" as biological sex, meaning:

• Trans women shouldn’t be allowed in women’s toilets or changing rooms

• Trans men shouldn’t be in men’s spaces either

• Schools are advised to follow similar logic, separating facilities by birth sex

• Trans people should be offered separate or gender-neutral options (if they even exist).

To be blunt, the guidance doesn’t exactly scream inclusion. Critics, including legal experts and human rights organisations – have said it risks fuelling discrimination and confusion, rather than protecting people.

The EHRC is now running a public consultation, but a lot of damage has already been done.

So, What’s LonGBoaT Wakefield Doing About It?

We’ve been speaking to many people, not only in our Wakefield LGBT+ community, but our allies and supporters too. The message is clear: this moment is frightening. The legal wording might sound dry, but the impact on real lives is very real.

Our Trustees have been quietly running smaller workshops with our Queer Social group and working with LGBTQ+ venues / allies around the Wakefield district to launch a Safe Space Network. This isn’t just a sticker-in-the-window situation – we’re building something meaningful.

Each participating organisation or venue will:

✔ Commit to a set of inclusive values; developed by us in collaboration with the community

✔ Receive promotional materials to show they’re an accredited safe space

✔ Be listed publicly on our website

This project was already part of our 5-year strategy, but we’ve brought it forward in direct response to this ruling. We know it’s needed now.

We’re also aiming to link up with other safe space schemes across Yorkshire to offer joined-up, cross-region support.

And this is where you come in. We want to hear from you: Email us, message us, grab us at one of our events or pop in for a coffee on a Saturday – we’re listening.

💡 What should a safe space look like?

📍Where do you feel safe; and more importantly, where don’t you?

💬 Got ideas or concerns?

This ruling may have set a legal precedent, but we don’t believe it defines who belongs in our community.