UK Supreme Court rules that transgender women cannot be defined as women in landmark decision

​On April 16, 2025, the UK Supreme Court delivered a landmark ruling that the legal definition of “woman” under the Equality Act 2010 refers exclusively to biological sex. This unanimous decision by five justices has significant implications for the application of sex-based rights and protections across the United Kingdom.

Background of the Case

The case originated from a legal challenge by the feminist advocacy group For Women Scotland against the Scottish government’s guidance on the Gender Representation on Public Boards (Scotland) Act 2018. The guidance included transgender women with Gender Recognition Certificates (GRCs) in the definition of “woman” for public board appointments. For Women Scotland argued that this interpretation conflicted with the Equality Act 2010, which they contended defines “woman” based on biological sex.​

Details of the Ruling

The Supreme Court concluded that the terms “woman” and “sex” in the Equality Act 2010 pertain to biological sex at birth. Consequently, transgender women, even those with GRCs, are not legally recognized as women under this specific legislation. The court emphasized that interpreting “sex” to include gender identity would render the Act incoherent and impractical.

Implications of the Decision

This ruling clarifies that single-sex services and spaces—such as women’s refuges, hospital wards, changing rooms, and sports organizations—can lawfully exclude transgender women under the Equality Act. However, the Act continues to protect individuals from discrimination based on gender reassignment, ensuring that transgender people retain certain legal protections.​

Reactions to the Ruling

The decision has elicited a range of responses. Women’s rights groups, including For Women Scotland, have welcomed the ruling as a victory for sex-based rights and legal clarity. Conversely, LGBTQ+ advocacy organizations, such as Stonewall and Scottish Trans, have expressed concern, viewing the decision as a setback for transgender rights and inclusion. The Scottish government has acknowledged the ruling and indicated its acceptance.

Future Considerations

Legal experts suggest that this ruling may prompt a reevaluation of policies and practices related to gender identity and sex-based rights across various sectors. Organizations may need to assess their definitions and accommodations to ensure compliance with the clarified legal standards. The decision also underscores the ongoing societal and legal debates surrounding gender identity, equality, and the interpretation of existing laws.​

The UK Supreme Court’s ruling establishes a clear legal definition of “woman” based on biological sex within the context of the Equality Act 2010. While it provides definitive guidance on the application of sex-based rights, it also highlights the complexities and sensitivities involved in balancing legal definitions with the lived experiences of transgender individuals.​

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