Equality Act ruling: Arts sector reacts to landmark judgment on definition of a ‘woman’

Organisations and individuals in the arts sector have responded to the UK Supreme Court Equality Act ruling, with a number criticising the judgment, while Arts Council England has called on organisations to respond with “sensitivity and care”.

The ruling, made on 16 April, states that the terms ‘woman’ and ‘sex’ in the Equality Act refer only to a biological woman and to biological sex, excluding transgender women even if they hold a gender recognition certificate.

The Equality and Human Rights Commission (EHRC), which welcomed the ruling, said it will have “significant implications for the interpretation of Britain’s equality laws”.

A statement from Arts Council England said: “We note the Supreme Court’s ruling last week about the Equality Act, and we await a revised Code of Practice from the EHRC, which is due this summer.

“We expect this to offer guidance for us and the sector, and we aim to work through these changes with sensitivity and care, and encourage sector organisations to do the same.”

‘Deeply concerned’

A number of arts sector organisations have spoken out against the ruling. Equity, the performing arts and entertainment union, has said it is “deeply concerned”.

It has called for unions “to stand in solidarity with those affected by the judgment and to defend trans women and men in the workplace and all walks of life”.

Equity general secretary, Paul W Fleming, said: “We will be urgently regrouping to ensure we defend and advocate for trans artists, and others affected – from organising for Pride as a protest, defending drag artists from the far right, fighting for incidental casting, and protecting their dignity at work.

“Our industrial work will always protect all those with protected characteristics, whether the law cares to or not. Trans men are men. Trans women are women. To all people: Equity.”

Despite the potential implications of the ruling on single-sex spaces, Bristol Old Vic has said it plans to allow people to “use the facilities most appropriate for them”.

A statement issued by the venue said it “strives to be a place that represents all of Bristol’s communities and where all communities feel welcome and respected”.

“In light of the recent Supreme Court ruling on the legal definitions of sex and gender, we want to reassure our trans and non-binary visitors, staff and artists that you are welcome here,” it added.

“We continue to welcome everyone to use the facilities that are most appropriate for them and we continue to offer a range of choices because we understand people enter into this conversation from different starting points and life experiences.


“We will only ever intervene if people are behaving inappropriately in any of our spaces. Bristol Old Vic belongs to everyone.”

‘Trans visitors welcome’

In the museum sector, Dorset Museum & Art Gallery released a statement to “reassure our trans and non-binary visitors that they are welcome here”.

It continued: “Most of our facilities are gender neutral and we encourage all visitors to continue to use the facilities that align with their gender identity.

“We firmly believe that diversity enriches our society and culture – past, present and future. It is vital that every voice is heard and every story is told as part of our shared history.”

Meanwhile, the Crab Museum in Margate said that as a museum of biology, it disputed the ruling’s assertion that biological sex is “assumed to be self-explanatory and to require no further explanation”.

In a statement, it said: “There are no binaries in nature, and biology, like all sciences, should never be taken for granted or assumed to be “self-explanatory”.

“Even worse, it should never be used to justify weaponised culture war issues. This ruling is an abuse of science.”

“Biological sex itself (not just gender) is a spectrum – and it really shouldn’t be a big deal.

“Our trans siblings must be defended at all costs. If we allow the limitation of their rights then other minorities won’t be far behind.”

London’s Vagina Museum expressed its “unequivocal support of and solidarity with their trans staff, volunteers, community partners, visitors and wider audience”.

The museum, it said, “has always been trans inclusive” and an important part of its mission “has been to challenge normative assumptions around our bodies and how they may or may not be connected to experiences of gender, gender expression and broader sexuality”.

It added: “Just as we act as a forum for women’s reproductive health and rights from a feminist, inclusive and intersectional perspective, we will continue to advocate for trans, non-binary and queer communities and rights.”

The museum, it said, “remains a space in which trans people are included, welcomed and celebrated”.

‘Welcome clarification’

Denise Fahmy, co-director of Freedom in the Arts and a vocal advocate of gender critical views, said the organisation welcomed the court’s “clarification that the meaning of sex in the Equality Act refers to, and has always referred to, biological sex”.

She added: “We have supported many artists and arts professionals who have experienced bullying and harassment for believing or voicing what has now been clarified at the highest level. 

“Our research into freedom of expression in the arts, to be published in May, evidences the sector is now in a perilous state because those holding mainstream views such as this have been vilified and have become afraid to speak freely. 

“We hope this judgment will now put an end to self-censorship on this subject, enable the sector to provide services and facilities for all and once again welcome everyone, as audiences and workers, into our sector.” 

Open letter

Writers including Russell T Davies, Patrick Ness and Tanika Gupta have put their names to an online open letter expressing “solidarity” with transgender people following the ruling.

The letter, which now has more than 1,500 signatories, calls on the creative industries to “actively support” trans and non-binary people.

It condemns the ruling as “the result of a coordinated and privately funded attack on the human rights and dignity of trans and non-binary people”.

The letter goes on: “As writers, the undersigned stand in solidarity with the trans community.

“The signatories of this letter attest to the fact that writers with a bioessentialist view of womanhood and a binary view of sex and gender are in the minority.

“We call on our industries – theatre, film, TV, radio, literature and journalism – to do the same.”

The letter adds: ”We are deeply concerned that this ruling will embolden a bigoted but powerful minority in their harassment of trans and non-binary people and attempts to hound gender non-confirming people out of public spaces.” 



The signatories believe the ruling risks “making society less safe for everyone”.

They urge “other unions, theatres, agencies, publishers and news outlets to sign this letter and make their own statements of how they will actively support their trans and non-binary staff, contractors and service users”.