Sex, Gender Identity and the Law

This book deals with a topic of intense public interest in an accessible and descriptive manner. It provides a comprehensive account of the law relating to both sex and gender identity, including how conflicts between the two are addressed in contexts such as single-sex spaces, sport, and the right to freedom of expression.

Over the last century, UK law has moved from endorsing, and in some cases mandating, unjust sex discrimination to a robust framework of distinct protections for women and girls. At the same time, our law has extended anti-discrimination protections to people who undergo gender reassignment, culminating in a system where individuals can change their legally recognised sex for some purposes. Sometimes the interests of these two groups conflict, most notably where the law must differentiate based on biological sex in contexts where those with transgender identities wish to be classed by reference to gender identity instead. For a time, there was uncertainty over the precise interaction between these competing interests within equality law. In 2025 this was resolved in a landmark case brought by the feminist organisation For Women Scotland. This book traces the history of how sex changed within our law and what that means for ongoing controversies over single-sex spaces, freedom of belief, freedom of expression, privacy, sport, and sexual intimacy.