The UK Supreme Court on Wednesday ruled that the term “woman” under the Equality Act 2010 refers to biological sex, not gender identity.
The decision provides legal clarification in ongoing debates over transgender rights in the UK.
The case was brought by the campaign group For Women Scotland, which challenged Scottish government guidance interpreting a 2018 law aimed at boosting female representation on public boards.
That guidance had stated that trans women with gender recognition certificates (GRCs) were legally considered women.
After losing in the lower Scottish courts, the group appealed to the Supreme Court, which ruled in its favour.
Delivering the unanimous decision, Deputy President of the Court, Lord Patrick Hodge, held that “the terms ‘woman’ and ‘sex’ in the Equality Act (EA) refer to a biological woman and biological sex.”
“But we counsel against reading this judgment as a triumph for one or more groups in our society at the expense of another – it is not,” Hodge added.
Critics of the Scottish law had argued that including trans women in the definition of “woman” could undermine single-sex spaces such as women’s refuges, hospital wards, and sports.
On the other hand, transgender advocates warned the ruling could lead to increased discrimination, particularly in employment and access to services.
The court reassured the transgender community that trans people remain protected under the EA.
“The correct interpretation of the EA as referring to biological sex does not cause disadvantage to trans people, whether or not they possess a gender recognition certificate,” Hodge said.
“Trans people have the rights which attach to the protected characteristic of gender reassignment,” he added.
