Transgender women are not legally women, rules UK Supreme Court
What's the story
Judges at the United Kingdom Supreme Court have unanimously ruled that the term "woman" is defined by biological sex, not acquired gender, under equalities law. The ruling followed a years-long judicial dispute between a Scottish campaign organization and its government. The case centers on the definition of a woman and whether trans women with a gender recognition certificate (GRC) are protected from discrimination as a woman under the nation's Equality Act 2010.
Ruling details
Court emphasizes protection for transgender individuals
The court eventually sided with 'For Women Scotland (FWS),' asserting that sex-based protections should only apply to those born biologically female. The group had brought the challenge in 2018, contending that women's protection rights should only protect people who were assigned women at birth. However, the Scottish government argued that holders of GRC are entitled to the same sex-based protections as biological women, arguing that obtaining a GRC amounts to a change of sex "for all purposes."
Opposition response
Scottish Green MSP criticizes ruling as detrimental
"The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex," Judge Lord Hodge said. "But we counsel against reading this judgment as a triumph of one or more groups in our society at the expense of another." He reiterated that the legislation gives transgender people "protection, not only against discrimination through the protected characteristic of gender reassignment, but also against direct discrimination, indirect discrimination."
Legal interpretation
Interpretation of the Equality Act 2010
The case, brought by FFS, had also challenged the inclusion of transgender women with GRCs within the 50% female quota mandated for public boards. FWS argued that divorcing sex from its "ordinary meaning" could have far-reaching consequences for sex-based rights and access to single-sex spaces, including restrooms and hospital wards. They claim current definitions dilute legislation aimed at ensuring female representation, potentially impacting a number of facets of UK law.
Response
Campaigners celebrate Supreme Court ruling
The issue first reached the courts in 2022, when FWS successfully challenged the Gender Representation on Public Boards (Scotland) Act 2018 for including trans women in its definition. In 2023, the Inner House granted FWS permission to appeal to the Supreme Court. The appeal was heard in November 2024, and after two days, the judges said they would "take time to consider very carefully" before issuing their judgment on April 16.
Advocacy response
Co-founder of For Women Scotland expresses gratitude
After the landmark ruling, FWS co-founder Susan Smith said, "Today the judges have said what we always believed to be the case, that women are protected by their biological sex." A UK government spokesperson also welcomed the decision, stating it provided clarity and confidence to women and service providers such as hospitals, refuges, and sports clubs. Conservative leader Kemi Badenoch called it a victory for all women who faced personal abuse or lost their jobs for stating the obvious.