STORY
The UK Supreme Court has ruled that, under the Equality Act 2010, the legal definition of the word woman refers strictly to biological sex, in a judgement expected to have far-reaching implications for the interpretation of equality law and the provision of single-sex spaces.
The unanimous verdict came in response to a legal challenge brought by campaign group For Women Scotland, which contested the Scottish Government’s attempt to include transgender women in female quotas on public boards. The court ruled that such inclusion went beyond the scope of the Equality Act, which defines sex as either male or female — terms now confirmed to be based on biological characteristics, not gender identity. The justices emphasised that while the Act offers clear protections against discrimination for transgender individuals, those protections do not equate to a legal redefinition of sex. The ruling means that even if a transgender woman has obtained a Gender Recognition Certificate, she is not to be treated as female for the purposes of laws that relate specifically to sex-based rights or representation.
Delivering the judgement, the court stated: “The protected characteristic of sex is not altered by the acquisition of a Gender Recognition Certificate for the purposes of legal provisions that rely on biological sex distinctions.” The Scottish Government, which had previously lost two earlier rounds of the case, said it accepted the ruling but expressed disappointment. “We remain committed to advancing equality and inclusivity for all communities, including trans people, within the limits of the law,” a spokesperson said.
The judgement has divided public opinion. Women’s rights campaigners welcomed it as a vital clarification that protects single-sex services and spaces such as refuges, hospital wards, and women’s shortlists.
“This is a landmark victory for women’s rights,” said Susan Smith of For Women Scotland. “It reaffirms that biological sex matters in law and that attempts to redefine it through the back door cannot stand.”
However, transgender rights groups have criticised the decision, calling it a step backward for trans inclusion and equality. “This judgement risks further marginalising trans people and denies the lived realities of many,” said a spokesperson for the charity Stonewall.
Legal experts say the ruling is likely to have wide consequences, particularly in the public sector, where policies relying on self-identification may now have to be reconsidered. The Equality and Human Rights Commission (EHRC) said it would issue updated guidance following the ruling to help public bodies and organisations interpret the law correctly. The ruling does not affect the ability of individuals to change their legal gender under the Gender Recognition Act, but it clarifies that such changes do not override statutory definitions of sex in equality law