“For Women Scotland” Court Ruling: First Anniversary

Debate between Rosie Duffield and Marie Goldman

Tuesday 14th April 2026 Westminster Hall

[Rosie Duffield]

Absolutely. Of course, that is the hon. Member’s area of expertise. I know many health professionals who are incredibly frustrated at this simple twisting of facts, which should not be done at all in the NHS. I thank her for pointing that out.

With a few admirable exceptions, many Members of Parliament are unable to identify or define a woman. They reject that women’s spaces must be exclusively for biological women and have decided that those of us intent on the Equality Act being upheld are evil incarnate.

For centuries, women have had to fight for our rights. We have had to fight male threats of violence and male acts of violence. We are used to having to protect ourselves and our spaces. The very least we should expect from our own Government is the leadership and conviction to back those rights with basic and fundamental legislation. The Labour Government did that in 2010, yet here we are, 16 years later, having to force the current Government to uphold and enforce the law, and make it crystal clear to the NHS, sporting bodies, membership organisations and Government Departments that the law must be followed and adhered to—that is their job.

While the Secretary of State says that her Government have

“always supported the protection of single-sex spaces based on biological sex”,

men who choose to identify as women are still permitted to receive care on women’s hospital wards, access women’s toilets—including in this building—compete in the women’s category in parkrun and take women’s places in grassroots sports, and there are still men in women’s prisons. Actions speak louder than words. The law is the law, so what exactly are the Government waiting for, and why are they incapable of showing even the most basic leadership?

The Supreme Court has been clear, and trans-identifying people remain protected in law under the protected characteristic of gender reassignment. None of their protections or rights have been taken away.

[Marie Goldman (Chelmsford) (LD)]

The hon. Lady is making an interesting speech, and I thank her for it. I think we are probably on different sides of the debate, but it is still interesting. She says that none of trans people’s rights has been taken away. I wonder whether she can explain the legal limbo that trans people feel they are in when trying to obtain a gender recognition certificate. They are required to live in their acquired gender for several months in order to obtain a certificate, but if they cannot access the spaces for the gender that they are seeking to acquire, they cannot fulfil that criterion. Does she agree that that creates a legal limbo and does actually take away some of their rights?

[Rosie Duffield]

The hon. Member has a really good point. That lack of clarity is why we need the Government to explain fully what the EHRC is saying and how it pertains to the Equality Act. With or without a gender recognition certificate, biological men are not able to access women’s spaces—women’s toilets, women’s sports. The Supreme Court made that incredibly clear. The area of gender recognition certificates is a bit grey, and I can understand why some trans-identifying people are confused by that. That is why the Government have to step in. This is a matter of legislation.

None of the activists on my side—feminists—is saying that we want to exclude those people, make them feel terrible or give them a hard time. Bodies can introduce single-sex spaces, unisex toilets and all kinds of other activities for those people that they are allowed to take part in. We just do not want our rights to make way for biological men, who are bigger, stronger and faster, and physically potentially more dangerous to us. That is a fundamental right that many of us have fought for generations to get. Yes, there are some confusing parts, but not in the Supreme Court judgment. The Court made it very clear; the Government just have to get on with it, instead of hiding behind the judgment.

--- Later in debate ---

[Rosie Duffield]

I think it is fairly obvious that the hon. Gentleman is a man, to be honest. I think the majority of the human race could tell that. If there is a much smaller person running in that category, they simply do not belong there. The Government have had the guidance since September, but this is the law of this country. No Minister or Government MP needs guidance from the EHRC to suggest ways in which organisations could uphold the law. We made this law, and we are there to advise people how to enact it and adhere to it. We do not need the EHRC. That is just another way of pushing this down the road. It is great to have that guidance. It has done a really good job—that is what it does—but the Government do not need it. It is just another red herring—a delay tactic.

[Marie Goldman]

On the point about it being fairly obvious which gender someone is, I wonder whether the hon. Lady has heard about the case of the woman who had a double mastectomy and frequently gets misgendered as a man? What would she say to that woman?

[Rosie Duffield]

That is extraordinary, but we are talking about a country of 70 million-odd people, 51% of whom are women. The majority of people know what a man or a woman is. If one has a problem with that, that is a specific personal problem. That is a man; these are women. We all know. It is an absolute load of rubbish that we do not, so I reject that. I say to the Government: women are watching, women will be voting, and most people in the country are women.

--- Later in debate ---

[Marie Goldman]

The hon. Gentleman might be confusing two very different issues. There are deeply upsetting impacts on cisgender women, too, including heartbreaking stories, as I mentioned earlier, of women who have undergone cancer treatment being questioned over which toilet they use because they do not conform with what a woman “ought” to look like.

I am pretty sure that nobody in this Chamber today wants to live in a country where those who have suffered from cancer are worried that they will be challenged on their appearance when trying to use public toilets. Requiring women to use separate facilities, such as disabled toilets, instead of spaces that match their gender is also not a workable solution. I have heard from trans and non-binary individuals who say that it would effectively out them, exposing them to a greater risk of harassment or even violence and depriving them of their right to privacy.

Organisations that want to be inclusive have also been affected. Last year in a statement to the House, in which she welcomed the clarity provided by the Supreme Court, the Minister for Women and Equalities said:

“of course providers can offer inclusive services, should they choose to do so, so long as they are clear about who they are offering their services to.”—[Official Report, 22 April 2025; Vol. 765, c. 959WH.]

However, that has not been the case. I ask the Minister to clarify whether the Government’s position on that point has changed.

Along with Liberal Democrat colleagues, I have regularly called on the Minister for Women and Equalities to take action to solve these serious issues. I therefore cautiously welcome the news that the Government intend to lay the code in May. That will hopefully bring an end to the uncertainty and worry that the trans community, businesses and organisations have been exposed to for too long.

The Minister must ensure, however, that the new guidance is workable and inclusive. The Liberal Democrats will accept nothing less. It must lay out how it will protect the dignity, safety and rights of all, and ensure that trans people are not prevented from participating in public life because there are no facilities that they can safely use. As I think many of us would agree, it is also essential that the guidance is subject to full parliamentary scrutiny. It must have a full debate and a free vote.

[Rosie Duffield]

Will the hon. Member clarify, as the Liberal Democrats are opposed to what they see as the interpretation of the law—specifically the Equality Act 2010 —whether they propose a change to that Act? The EHRC is simplify clarifying the Supreme Court’s clarification of that existing law.

[Marie Goldman]

That was a timely intervention because my next paragraph deals exactly with that.

Separately, to deal with the unacceptable legal limbo that many trans people are in, I encourage the Minister to appoint a Joint Committee of MPs and peers, on a cross-party basis, to conduct post-legislative scrutiny of both the Gender Recognition Act 2004 and the Equality Act 2010. The Committee should take evidence from affected communities, including trans people, and propose any amendments or new legislation that it sees as necessary to ensure that existing rights are protected.

Trans people are worried for good reason. Two thirds of them have experienced harassment and violence simply because they were identified as trans. It is sadly an all-too-common theme throughout history that vulnerable minorities—in this case a minority that makes up less than 1% of the UK’s population—are scapegoated for society’s ills.