The UK Supreme Court has unanimously ruled that the term “woman” under the Equality Act 2010 refers to biological sex, delivering a landmark decision in a case with far-reaching consequences for sex-based rights across Scotland, England, and Wales. The court sided with campaign group For Women Scotland, which had challenged the Scottish government’s position that transgender women with gender recognition certificates (GRCs) should be treated as female in law.
The ruling clarifies that sex-based protections in the Equality Act apply only to those born female, rejecting the argument that legal sex change under the Gender Recognition Act 2004 overrides biological definitions. However, Lord Hodge, delivering the judgment, stressed that the decision should not be seen as a victory for one side over another, emphasizing that transgender people retain protections against discrimination under the “gender reassignment” characteristic in the same law.
Campaigners from For Women Scotland celebrated outside the court, with co-founder Susan Smith declaring the ruling affirmed that “sex is real” and ensured women’s single-sex spaces would remain protected. Meanwhile, the Scottish government said it accepted the judgment and would assess its implications, insisting it remained committed to protecting all rights. The UK government welcomed the clarity, stating it reinforced protections for single-sex spaces in hospitals, refuges, and sports clubs.
Conservative leader Kemi Badenoch hailed the decision as a vindication for women who had faced backlash for asserting biological definitions, while also acknowledging ongoing protections for transgender individuals. The ruling concludes years of legal debate but is likely to fuel further political and social discussions on gender identity and equality law.
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