Party calls for clarity following Supreme Court ruling on single-sex spaces

THE WELSH CONSERVATIVES have renewed calls for the Welsh Government’s LGBTQ+ Action Plan to be scrapped, arguing that it conflicts with a recent Supreme Court ruling defining “sex” as biological under the Equality Act 2010.

During Spokesperson’s Questions in the Senedd, Welsh Conservative Shadow Cabinet Secretary for Social Justice Dr Altaf Hussain MS said the plan “muddies the waters” between sexual orientation and gender identity, and accused ministers of failing to align Welsh policy with UK law.

Dr Hussain said: “The Labour Government’s LGBTQ+ Action Plan, as currently drafted, states that ‘trans women are women’, but the law disagrees.
The Welsh Labour Government is hiding behind EHRC guidance, when what is needed are clear instructions to all public bodies in Wales that single-sex spaces must not be used by the opposite sex.
That is why the Welsh Conservatives are clear: it is time to rip up the LGBTQ+ Action Plan and ensure Welsh policy follows the law as set out by the Supreme Court.”

Legal and policy background

The LGBTQ+ Action Plan for Wales, first published in February 2023, sets out a framework to improve equality and inclusion in public services, healthcare and education. It pledges to “defend and promote the rights of trans and non-binary people” and aims to make Wales “the most LGBTQ+-friendly nation in Europe.”

However, the Supreme Court’s judgment in For Women Scotland Ltd v The Scottish Ministers (April 2025) ruled that under the Equality Act, “sex” refers to biological sex, not gender identity — meaning that the protected characteristics of “man” and “woman” apply on that basis across England, Scotland and Wales.

In response, the Welsh Government issued a written statement confirming the judgment “makes it clear that the definition of sex … can only be interpreted as referring to biological sex,” but stressed that the decision “does not remove protection from trans people, with or without a Gender Recognition Certificate.”

Reaction and implications

Human rights observers have warned that the ruling could narrow access to certain services for transgender people. The Council of Europe’s Commissioner for Human Rights recently warned of “a growing risk of exclusion facing transgender people in the UK.”

The Equality and Human Rights Commission has also said that while the ruling clarifies the law, public bodies must continue to uphold protections for people undergoing or having undergone gender reassignment.

Welsh Government response

In February, the Cabinet Secretary for Social Justice described the Action Plan as “recognised internationally for the good progress we’ve made.”
She cited a letter from a trans woman in Aberystwyth who wrote: “It’s good that progress is now being made on the LGBTQ+ Action Plan for Wales. … It’s vital that we maintain momentum and the political will to drive it forward.”

The Government has not announced any intention to withdraw or amend the plan following the Supreme Court judgment. Officials have said an external evaluation of its implementation is ongoing and will continue until 2027.

Key points of contention

• Definition of sex – Conservatives argue that the Plan’s assertion that “trans women are women” conflicts with the legal position confirmed by the Supreme Court.
• Single-sex spaces – The opposition wants clear guidance to ensure that public bodies in Wales restrict access to single-sex spaces based on biological sex.
• Ongoing evaluation – The Welsh Government maintains the plan is under review and continues to guide equality work across the public sector.
• Balance of rights – Rights groups warn that, despite legal clarity, interpretation of the ruling could reduce inclusion for trans and non-binary people in Wales.

The Welsh Conservatives have urged ministers to rewrite the Action Plan so that it explicitly reflects the legal definition of sex and provides “unambiguous guidance” to all public bodies.

The Welsh Government has not yet published any formal response to those calls.