Women-only spaces and the new EHRC Code: what the imminent changes mean for faith organisations

A significant change in equality law is imminent, and it matters to any organisation that provides single-sex or women-only spaces and services — which includes a great many faith-based organisations. Following the Supreme Court's 2025 ruling on the meaning of "sex" in the Equality Act 2010, the Equality and Human Rights Commission (EHRC) has produced an updated statutory Code of Practice, now completing its passage through Parliament and expected to come into force shortly, replacing the 2011 Code. This article explains, factually and practically, what the change means for faith organisations and their women-only spaces.

Two important things before we begin. First, this is a genuinely sensitive area that affects real people, and on which sincere people — including within faith communities — hold differing views; this article takes no position on the wider debate. Its aim is only to help organisations understand their legal obligations and act with care. Second, this is general information, not legal advice. The law here is complex, fact-specific and still developing, and the consequences of getting it wrong — for individuals and for your organisation — are serious. If you are in any doubt about how these changes affect you, seek advice from a qualified legal expert (an employment or equality-law specialist) or an experienced HR professional before you act or make any changes. Do not rely on this article, on general commentary, or on another organisation's approach.

What has changed, and when

The change flows from two connected events.

The Supreme Court ruling (April 2025). In For Women Scotland v The Scottish Ministers, the UK Supreme Court ruled that the terms "sex", "woman" and "man" in the Equality Act 2010 refer to biological sex — not to gender identity, nor to sex as acquired through a Gender Recognition Certificate. Crucially, the judgment did not remove legal protection for trans people: gender reassignment remains a protected characteristic, and trans people continue to be protected from discrimination and harassment.

The updated EHRC Code of Practice (2026). To reflect the ruling, the EHRC updated its statutory Code of Practice for Services, Public Functions and Associations. It was laid before Parliament on 21 May 2026, with the scrutiny period ending in early July, after which the Government is expected to set a date for it to come into force in place of the 2011 Code. Once in force, courts and tribunals must take the Code into account in relevant Equality Act proceedings, and organisations will treat it as the key guide to managing legal risk. In short: it carries real weight.

What the Code says about single-sex and women-only services

The updated Code gives much fuller guidance on the single-sex and separate-sex exceptions in the Equality Act. In outline:

• Single-sex services are based on biological sex. Where a provider offers a single-sex or separate-sex service, that is to be understood on the basis of biological sex.
• Lawful restriction is possible — if proportionate. It will not be unlawful discrimination because of gender reassignment to prevent, limit or modify a trans person's access to a service intended for their acquired sex, provided doing so is a proportionate means of achieving a legitimate aim.
• You generally can't have it both ways. If a service intended for women also admits trans women, it may no longer qualify in law as a single-sex service — the exception depends on the service genuinely being single-sex.
• Certain contexts carry particular weight. The Code recognises that concerns about the presence of the opposite biological sex can be legitimate factors in the proportionality assessment — especially in contexts involving undressing, trauma recovery, or intimate services.
• Trans people remain protected. None of this permits harassment or blanket, arbitrary exclusion. Any restriction must be justified and proportionate, decided with care — not a general policy of exclusion.

The thread running through it is proportionality: a lawful single-sex service is one with a clear, legitimate aim, applied consistently and no more restrictively than necessary.

What this means for faith-based organisations specifically

Faith communities run many spaces and services where this is directly relevant — women's prayer and worship areas, women's groups and classes, refuges and support services, changing and washing facilities, and some forms of membership. Two legal routes are especially relevant, and it is important to know which one you are relying on:

1. The religious exception. The Equality Act contains a specific exception allowing single-sex provision for religious purposes — broadly, where it is done to comply with the tenets of the religion, at a place used for those purposes. This can cover, for example, single-sex arrangements for worship.
2. The single-sex service exception. For services outside that specifically religious context, provision must be a proportionate means of achieving a legitimate aim — such as the privacy, dignity or safety of others.

There is one limit faith organisations must be especially careful about: the religion or belief exception does not extend to gender reassignment. In practical terms, you cannot lawfully exclude someone from membership on the grounds that they are transgender. The religious exception is about sex, not a licence to exclude trans people as such. Confusing the two is a real legal risk.

Practical steps for your organisation

• Identify your single-sex and women-only spaces and services.
• Check the legal basis for each — the religious exception and the single-sex service exception are different, with different scope. Know which you are relying on.
• Document the legitimate aim and proportionality. For each single-sex service, be able to explain why (privacy, dignity, safety, religious tenet) and why your approach is proportionate. Clear, contemporaneous records are your best protection.
• Be consistent. A service generally cannot be treated as single-sex while also admitting the opposite biological sex.
• Review and update your policies once the Code is in force, and brief staff and volunteers so they apply them correctly and sensitively.
• Handle individual situations with care — case by case, with dignity, not confrontation.
• Get expert advice — don't guess. This area is complex, fact-specific and still developing through case law. If you are in any doubt about the impact of these changes, consult a qualified legal expert (employment or equality law) or a specialist HR adviser before acting — particularly where staff, volunteers or a specific individual's situation are involved. Do not copy another organisation's approach without checking it fits yours, and do not make changes to spaces, services or policies on assumption.

Meeting the law — and treating everyone with dignity

It is worth saying plainly: meeting your legal obligations and treating people with compassion are not in tension. The law protects both the ability to provide genuine single-sex spaces where that is a proportionate, legitimate aim, and trans people's right not to be harassed or discriminated against. A faith organisation can — and should — do both: provide the spaces its community and the law allow, and extend dignity and respect to every person who comes through its doors. That balance is not always easy, but it is what both the law and faith call for.

The bottom line

The new EHRC Code brings much-needed clarity: single-sex services rest on biological sex, lawful single-sex provision must be a proportionate means of a legitimate aim applied consistently, and trans people remain protected from discrimination. For faith-based organisations with women-only spaces, the sensible response to an imminent change is a calm, careful one: review your provision, get the legal basis and your documentation right, update your policies, brief your people — and, throughout, act with care for everyone involved. And because so much turns on the specifics, if you are in any doubt, take advice from a qualified legal expert or HR specialist before you act. On a matter this sensitive and this fast-moving, expert advice is not an optional extra — it is the single most important step you can take.

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This article is general information, not legal advice, and takes no position on the wider debate. Equality law in this area is complex, highly fact-specific and still developing; the position may change as the Code comes into force and case law follows. If you are in any doubt about how these changes affect your organisation, obtain advice from a qualified legal expert (an employment or equality-law specialist) or an experienced HR professional before acting — especially before changing any space, service, policy or decision affecting an individual. For help with the governance and policy side of getting this right, get in touch, and we can help you access the right specialist support.

Sources verified (July 2026):

• EHRC — UK Supreme Court ruling on the meaning of sex in the Equality Act: our work — https://www.equalityhumanrights.com/our-work/uk-supreme-court-ruling-meaning-sex-equality-act-our-work
• EHRC — updated Code of Practice for services, public functions and associations (laid before Parliament 21 May 2026) — https://www.equalityhumanrights.com/
• UK Supreme Court — For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 — https://www.supremecourt.uk/
• EHRC — Separate and single-sex service providers: a guide on the Equality Act sex and gender reassignment provisions — https://www.equalityhumanrights.com/equality/equality-act-2010/separate-and-single-sex-service-providers-guide-equality-act-sex-and
• Legislation.gov.uk — Equality Act 2010 (single-sex and religious exceptions) — https://www.legislation.gov.uk/ukpga/2010/15/contents