UK Supreme Court Rules Legal Definition of ‘Woman’ Is Based on Biological Sex

In a landmark decision delivered today, the UK Supreme Court has ruled unanimously that, under the Equality Act 2010, the legal definition of a woman refers specifically to biological sex. The judgment clarifies that individuals with a Gender Recognition Certificate (GRC) who identify as female do not fall within the legal definition of a “woman” for the purposes of sex-based rights.

Reading from an 88-page judgment, Deputy President Lord Hodge stated that the “concept of sex is binary,” though he stressed the ruling should not be viewed as a win for one side or a loss for another. Importantly, the court reaffirmed that transgender individuals still have legal protection from discrimination under the Equality Act.

The case stemmed from a challenge by For Women Scotland, a women’s rights advocacy group, against the Scottish government’s attempt to redefine “woman” in legislation to include transgender women with GRCs. The court sided with For Women Scotland, concluding that such a definition would be inconsistent with the Equality Act.

In response to the ruling, For Women Scotland said it was “grateful” for the decision after a “long road” of legal battles. On the other hand, LGBTQ+ rights organization Scottish Trans called the verdict “devastating” and urged supporters “not to panic.”

While hailed by some as a “watershed moment” for sex-based rights and a “victory for biology and common sense,” the ruling has stirred anxiety within the trans community over the future of legal protections and recognition.

The Scottish government, which lost the case, said it had acted “in good faith” in its interpretation of the law, and pledged to work with Westminster to better understand the implications of the judgment.