The United Kingdom’s Supreme Court has ruled that the legal definition of “woman” under equality laws refers strictly to biological sex, excluding transgender women from that category in this context. The landmark decision is expected to have significant implications for how equality legislation is interpreted and applied nationwide.
In a unanimous decision, the court determined that the term "woman" as used in the Equality Act 2010 means someone born female, based on biological sex.
The case centered around whether transgender women holding a Gender Recognition Certificate (GRC)—which legally affirms their female gender—are entitled to the same protections under the Equality Act as cisgender women. The challenge was initiated by campaigners in Scotland in 2018, who argued that only individuals assigned female at birth should be protected as women under the law. However, the Scottish government had maintained that trans women with a GRC are legally women and should receive equal protections.
Although the case arose from a Scottish law aimed at increasing female representation on public boards, the ruling is expected to impact the broader and often contentious debate surrounding transgender rights throughout the UK.
Supporters of the ruling, including the group For Women Scotland (FWS), hailed it as a victory for safeguarding spaces and services designated for biological women—such as bathrooms, shelters, and shared accommodations. The court agreed, stating that not basing the definition of “woman” on biological sex could affect how single-sex services operate.
Delivering the judgment, Lord Hodge emphasized that the Equality Act's references to “sex” and “woman” relate to biological definitions. He noted that granting trans women with a GRC the same legal status as biological women could create scenarios where they have additional rights—such as access to maternity-related protections—not available to others.
However, Hodge clarified that this interpretation does not strip trans individuals of legal protection. Trans women can still seek redress under the Equality Act on grounds of gender reassignment or if they are treated unfairly based on being perceived as women.