UK’s top court rule on how to define a woman
The UK Supreme Court has ruled that the term “woman” in the Equality Act 2010 refers exclusively to biological sex, effectively excluding transgender women even those with Gender Recognition Certificates (GRCs).
The unanimous decision, delivered by Deputy President Lord Hodge, affirms that “sex” under the Act means sex assigned at birth.
The case was brought by advocacy group For Women Scotland, challenging the Scottish government’s inclusion of trans women in gender quotas for public boards.
The ruling could have far-reaching implications, potentially restricting trans women’s access to single-sex spaces such as refuges, hospital wards, and competitive sports categories. However, the court emphasized that transgender individuals remain protected under the Act’s provisions related to gender reassignment.
Gender-critical organisations praised the decision as a victory for legal clarity and women’s rights. In contrast, trans rights groups, including Scottish Trans, warned it could fuel discrimination and undermine trans people’s legal recognition.
A UK government spokesperson welcomed the ruling for bringing “clarity” to the application of single-sex spaces. Meanwhile, legal experts noted the decision may prompt calls to revisit and revise the Equality Act to address emerging complexities around sex and gender.
