The UK Supreme Court unanimously ruled on Wednesday that the legal definition of “woman” under the Equality Act 2010 refers exclusively to biological sex, thereby excluding transgender women—even those with Gender Recognition Certificates (GRCs)—from this classification.
The case originated from a legal challenge by the advocacy group For Women Scotland against the Scottish government’s 2018 Gender Representation on Public Boards Act. This legislation aimed to ensure that 50% of public board members were women, including transgender women with GRCs in the count. For Women Scotland contended that this interpretation diluted sex-based protections intended for biological women.
The five-judge panel determined that interpreting “sex” to include gender reassignment status would render the Equality Act incoherent. They emphasized that while transgender individuals retain protections against discrimination under the characteristic of “gender reassignment,” certain sex-based rights and spaces—such as women-only shelters, hospital wards, and sports categories—can lawfully exclude transgender women.
Women’s rights groups and gender-critical activists celebrated the decision as a reaffirmation of biological definitions and protections. Author J.K. Rowling, a supporter of For Women Scotland, praised the ruling, stating it protected the rights of women and girls across the UK.
Conversely, LGBTQ+ advocacy organizations expressed deep concern. Stonewall described the ruling as “incredibly worrying” for the transgender community, warning it could lead to increased discrimination and exclusion from essential services.
The ruling has significant implications for public institutions and organizations across the UK. Entities such as hospitals, prisons, and sports bodies are now expected to review and potentially revise their policies to align with the clarified legal definitions. The Equality and Human Rights Commission has indicated it will update its guidance accordingly.
