The UK Supreme Court today ruled that under the Equality Act 2010, the term “woman” refers exclusively to “biological females”, excluding transgender women—even those with Gender Recognition Certificates (GRCs).
This unanimous decision arose from a legal challenge by the anti-trans campaign group For Women Scotland against the Scottish government’s inclusion of trans women in female representation laws.
The court emphasized that interpreting “sex” based on GRCs would disrupt the coherence of the Act and complicate policy applications in areas like healthcare, sports, and single-sex spaces.
Supporters of the ruling, including the UK government and transphobic hate organizations such as Sex Matters and the LGB Alliance, argue that it reinforces sex-based rights and provides legal clarity.
Conversely, critics, including Amnesty International UK, Stonewall, and Scottish Trans, express concerns that the decision could erode protections for transgender individuals and lead to increased discrimination.
While the court stated that trans people remain protected under the characteristic of gender reassignment, many advocates fear the ruling may prompt further legal and policy challenges.
The decision has significant implications for access to single-sex spaces and services, public board representation, and could influence future policy-making across various sectors.
It also raises questions about the interpretation of the Equality Act and may lead to renewed calls for legislative amendments to clarify rights and classifications concerning sex and gender.
The campaign group Scottish Trans said on social media: “We’d urge people not to panic – there will be lots of commentary coming out quickly that is likely to deliberately overstate the impact that this decision is going to have on all trans people’s lives. We’ll say more as soon as we’re able to. Please look out for yourselves and each other today.”
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Gender critical campaigners win at UK supreme court over definition of woman
UK Supreme Court rules legal definition of a woman is based on biological sex
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