**Welsh Government Stands Firm on Gender-Neutral Spaces in Schools Despite Supreme Court Ruling**
The Welsh Government has confirmed it will not remove gender-neutral spaces, such as toilets and changing rooms in schools, in the wake of a recent Supreme Court judgement that redefined women as being determined by biological sex under equalities law. The ruling, which concluded a lengthy legal challenge, is set to have widespread implications for the interpretation of sex-based rights not only in Wales but also across England and Scotland.
This topic resurfaced during a Senedd plenary session on 13 May, where Conservative Member of the Senedd (MS), Tom Giffard, pressed Julie James MS, the Welsh counsel general, on how the Welsh Government would respond to the legal verdict. Giffard specifically queried whether steps would be taken to remove gender-neutral facilities and whether additional support or funding for such changes would be provided.
Addressing the question, Ms James gave a concise retort, stating: “no”. She stressed the Welsh Government’s commitment to the rule of law and underlined its intention to review the Supreme Court verdict to ensure compliance with the Equality Act 2010, as interpreted by the Court. However, she made it clear there were no intentions to engage in what she described as a “culture war” over the subject.
“The Supreme Court judgment very clearly sets out, Tom, as you well know, that trans people are also protected under the Equality Act,” Ms James explained in the session. She pointed out that while biological sex was now a determining factor for single-sex spaces, nowhere did the judgement require the removal of gender-neutral areas. According to James, the ruling stops short of demanding schools strip away inclusive spaces, which some have installed to better reflect the needs of all pupils.
Mr Giffard maintained that the practical upshot of the Supreme Court ruling, supported by interim guidance from the Equality and Human Rights Commission, was that schools must provide separate single-sex toilets for boys and girls over the age of eight, and exclusive changing facilities over the age of eleven. He argued that this raises questions about the continued existence of gender-neutral spaces, especially in schools that have recently invested in such facilities.
Despite Giffard’s concerns, the government remains steadfast. Ms James suggested that the new legal interpretation affirmed the need for single-sex spaces while making clear that the existence of gender-neutral facilities does not infringe the decision. The Supreme Court, she noted, specifically indicated that the development was not a victory for one group over another, encouraging a balanced and inclusive approach to the issue.
This legal and political debate comes amid wider public discourse over rights and inclusivity. More than 1,000 people recently demonstrated in Cardiff in the aftermath of the ruling, underlining the significant public interest and the deep emotions the subject continues to generate in Wales and beyond.
First Minister Eluned Morgan has also commented on the implications of the court decision, warning that it could have ‘significant implications’ for a broad range of public services across Wales. While she did not elaborate on specific policy changes, her acknowledgement reflects the complexity facing policymakers balancing equality, inclusion, and legal clarity.
Although the conversation ignited by the Supreme Court ruling is likely to persist, the Welsh Government appears intent on maintaining a pragmatic stance—ensuring legal compliance while preserving inclusive policies that have been welcomed in many communities. The issue of how best to provide for the needs of all students in school settings, and the role of government in protecting minority rights, is set to remain a matter for ongoing debate.
As Wales charts its course through evolving equality law and societal expectations, the government’s position highlights both the challenges and opportunities in navigating a path that accommodates all. The coming months may see further discussions as schools seek clarity and reassurance that their facilities remain both lawful and welcoming to all pupils.