Girlguiding: the cost of defending the trans community is a risk worth taking

On the 2^nd of December 2025, trans members of Girlguiding woke up to the shocking news that they could no longer be part of the organisation. The charity declared that this “difficult decision” had been made in accordance with the new legal definition of woman determined by the Supreme Court, based solely on biological sex.

In a more recent statement by the charity, trans members of Girlguiding have been given up until the 6^{th of} September 2026 to leave the organisation, so that their families can prepare for their departure. Although trans women who are volunteers at Girlguiding can remain in their roles if these are open to everyone, they will no longer be able to apply for roles open to women only. 

Girlguiding is a charity which aims to empower girls through outdoor activities. It has over 300,000 members who range from age 4 to 18, and prides itself in being an “inclusive” organisation which is supportive of the LGBTQ+ community.

Therefore, when they announced that their equality and diversity policy would have to change in light of the Supreme Court ruling, their decision was met with a rippling wave of resistance from the Girlguiding community.

Around 440 Girlguiding volunteers have threatened to resign if the anti-trans policy goes ahead in a letter of intent, whilst others have come together to found the Guiders Against Trans Exclusion organisation. The ban has also led to the resignation of a former ambassador of Girlguiding, as well as one of their trustees.

The families of trans girls who are members of Girlguiding have also shared their concerns over the ban. As reported in the Observer , a  six-year-old trans girls  attempted to self-harm after being informed by her parents that she would no longer be able to attend the organisation from September.

Although Girlguiding has defended its choice on the basis of the Supreme Court’s ruling, it appears that other forces may have been at play.  

The Supreme Court’s ruling: a legal “grey” area

Girlguiding has justified its change in membership based on the ruling by the Supreme Court in April of 2025. After a long-fought battle headed by the campaign group For Women Scotland, the Supreme Court ruled that the legal definition of a woman in the Equality Act is based solely on biological sex.

However, the Supreme Court’s definition of “woman” does not currently require organisations such as Girlguiding to exclude trans people from single sex associations. As noted by the Good Law Project, the ruling explains how the law should be interpreted but does not mandate a singular course of action for charities.

Additionally, the updated statutory Code of Practice for Services, Public functions and Associations, which provides guidance to charities on how to avoid discrimination and harassment in line with the Equality Act of 2010, has still not been released by the Equality and Human Rights Commission.

Hence, the legal requirements for charities are still unchanged despite the Supreme Court’s ruling, meaning that currently Girlguiding has no legal obligation to exclude trans girls and women.

Girlguiding could have also justified the retainment of their trans members on the basis of other important human rights considerations.  The Good Law project highlights that the exclusion of trans members from Girlguiding could be in breach of some fundamental human rights, such as the right to freedom of association.

Such a right demand that everyone should be able to associate with a voluntary group and determine the composition of such group. If women were forced to exclude trans women from Girlguiding, this could be interpreted as an infringement of their right of association.

Girlguiding under pressure by external anti-trans campaigners  

In light of the current legal ambiguity over the membership of trans women in female-only organisations, Girlguiding may have been able to justify the continuation of trans membership. If this is the case, then on what basis was the exclusion of trans women and girls truly made?

It is most likely that the organisation came to this conclusion due to fears around lawsuits by anti-trans campaigners and parents who have raised concerns over the presence of trans girls in Girlguiding.

Influential organisations like “Sex Matters” have been demanding that female only charities such as Girlguiding restrict access to cisgender women only. They argue that Girlguiding’s policy of inclusion is unlawful in light of the Supreme Court’s ruling.

Furthermore, in November, a mother of a member of the guides sent a legal letter to the charity threatening to bring a claim against them if they did not change their policy. The letter highlighted the safeguarding issues related to members sharing communal spaces with trans girls.

Nevertheless, the Good Law Project has offered legal and financial support to organisations who are trans inclusive against anti-trans campaigners. However, it is not certain whether they would be able to or would want to cover the legal costs of Girlguiding if they lost their case against their plaintiffs.

Trans women: a vulnerable group that should be protected at all costs

All in all, Girlguiding could have retained its trans inclusive policy on the basis of human right considerations with backing by the Good Law Project. However, this would have meant accepting the possibility of entering in a legal dispute with anti-trans advocates, with no certainty of victory and potentially a hardy financial loss for the organisation.

On the one hand, it is understandable that Girlguiding may have needed to account for the financial risk of defending its trans community. On the other, such a risk may have been worth taking to stand up for the rights of a group of women who are increasingly vulnerable.

Indeed, hate crimes against trans women are rising and their rights are at a risk of erasure because of the Supreme Court ruling.

There are an estimated 1000 members of Girlguiding who are transgender. Overnight, Girlguiding deprived 1,000 girls and women of one of the few communities that had continued to welcome their presence in a country that is becoming progressively hostile to their existence.

In light of the great adversity faced by trans women in society at large, it is vital that charities like Girlguiding fight at all costs for the protection of trans women. Because if they won’t, then who will?

-