Department of Research, Studies and International News 17-04-2025
In a landmark decision, the UK Supreme Court has ruled that the term “woman” as defined in the Equality Act 2010 refers exclusively to biological females, excluding transgender women, even those with gender recognition certificates (GRCs). The unanimous ruling by five justices follows a legal challenge brought by the gender-critical advocacy group For Women Scotland, which is financially supported by author J.K. Rowling.
The court clarified that while the Equality Act does not explicitly use the term “biological,” its definitions of “man” and “woman” align with biological sex at birth. As a result, transgender women with GRCs cannot be legally classified as women under this particular law. The judgment carries major implications for access to single-sex spaces and services such as shelters, hospital wards, changing facilities, and women-only organizations.
Lord Hodge, the court’s deputy president, emphasized that the law must be interpreted according to biological distinctions, not gender identity. The court warned that broadening the definition of “sex” could create confusion for service providers, especially when determining eligibility for roles or facilities designated for women.
The UK government welcomed the clarity provided by the ruling, reaffirming its commitment to protecting single-sex spaces. A government spokesperson stated that such spaces remain legally protected and will continue to be under the current administration.
The ruling marks a defeat for the Scottish government, which had permitted trans women with GRCs to occupy roles on public boards reserved for women. Scotland’s First Minister John Swinney acknowledged the court’s decision, noting that it clarified the scope of the Gender Recognition Act 2004 and vowed to review the ruling’s implications with relevant stakeholders.
While gender-critical activists hailed the verdict as a victory for women’s rights, trans advocacy groups expressed concern. Scottish Trans criticized the judgment, stating it overturned two decades of legal understanding. Amnesty International UK described the decision as “disappointing,” but acknowledged that trans individuals still retain legal protection under the Equality Act through the category of “gender reassignment.”
Kishwer Falkner, chair of the Equality and Human Rights Commission, welcomed the resolution of legal ambiguities regarding single-sex and lesbian-only spaces but noted the need to assess the ruling’s broader effects.
This decision reignites the national debate around sex, gender identity, and how laws should reflect each in public policy.
