UK Supreme Court Rules 'Woman' in Equality Act Refers to Biological Sex
The UK Supreme Court has unanimously ruled that the terms 'woman' and 'sex' in the 2010 Equality Act refer to biological women and biological sex, respectively [1][2][3]. This landmark decision, delivered on April 16, 2025, has significant implications for transgender rights and access to single-sex spaces in the United Kingdom.
The case, brought by campaign group For Women Scotland (FWS), challenged the definition of 'woman' in Scottish legislation mandating 50% female representation on public boards [12]. The dispute centered on whether individuals with a gender recognition certificate (GRC) should be treated as women under the Equality Act [1].
Lord Hodge, the Supreme Court's deputy president, stated that the five justices reached their decision unanimously [2]. The 88-page judgment clarified that while the word 'biological' does not appear in the Act's definition of man or woman, 'the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman' [5].
The ruling has been celebrated by women's rights activists but criticized by transgender advocates. FWS hailed it as a 'landmark victory' that 'restores legal clarity and reaffirms the purpose of the protections written into the Equality Act' [11]. Conversely, some trans activists have expressed concern that the decision could put trans and non-binary people at renewed risk of discrimination [4].
Legal experts suggest the ruling will have 'important' implications. Colm O'Cinneide, a professor of constitutional and human rights law at University College London, noted that it could affect transgender people's access to certain single-sex services and spaces in the UK [2].
The justices emphasized that their interpretation of the law does not cause disadvantage to trans people, whom they described as a 'potentially vulnerable group' [5]. However, the full impact of the decision, particularly on the daily lives of transgender individuals, remains to be seen.
This ruling may also have political ramifications, potentially reviving debates around the Scottish National Party's gender reforms [7]. As the UK grapples with the implications of this decision, it is likely to fuel ongoing discussions about gender identity, biological sex, and equality under the law.