UK Supreme Court Rules Legal Definition of ‘Woman’ Refers to Biological Sex
In a landmark ruling, the United Kingdom’s Supreme Court has declared that the legal term “woman” under the Equality Act 2010 refers exclusively to biological females, effectively excluding transgender women from the category in specific legal contexts.
The unanimous decision came in response to a case filed by campaign group For Women Scotland, which challenged Scottish government guidance that included transgender women with Gender Recognition Certificates (GRCs) in the legal definition of “women.” The group argued this interpretation threatened the integrity of single-sex spaces like changing rooms, hostels, and women-only political shortlists.
Delivering the judgment, Lord Patrick Hodge stated:
“The terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to a biological woman and biological sex. Provisions related to sex discrimination must be interpreted accordingly.”
He emphasized that redefining “sex” to mean “certificated sex” could cause legal inconsistencies, especially in cases involving pregnancy and maternity rights. However, the court clarified that transgender individuals remain protected under the Equality Act’s separate provisions on “gender reassignment.”
The ruling was widely welcomed by gender-critical campaigners. For Women Scotland leaders Susan Smith and Marion Calder described the decision as a “historic win,” while campaigners rallied outside the court in celebration.
The UK Labour government welcomed the clarity the ruling brings to service providers. “Single-sex spaces are protected in law and will continue to be protected,” a government spokesperson said. The opposition Conservative Party also praised the decision, calling it “a victory for common sense.”
Campaign groups Sex Matters and the LGB Alliance hailed the ruling as a turning point for women’s rights. Former SNP MP Joanna Cherry said it “vindicates” the stance of those opposing gender self-identification in law.
However, LGBTQ+ advocacy groups reacted with concern. Stonewall described the judgment as “deeply worrying,” warning it could increase marginalization of transgender people. Scottish Trans advised the community to remain cautious amid the intense public debate.
The ruling comes against a backdrop of rising anti-trans sentiment in the UK. In 2023, gender identity-related hate crimes surged by over 100%, and the murder of 16-year-old trans girl Brianna Ghey sparked national outrage.
Globally, the conversation remains contentious. In the U.S., former President Donald Trump signed an executive order barring transgender girls from competing in female school sports, intensifying ongoing legal battles over trans rights.
