The UK Supreme Court has ruled that the legal definition of “woman” under the Equality Act 2010 refers specifically to biological sex—not gender identity—excluding transgender women from being counted as women in some legal contexts.
The ruling comes after a challenge by the campaign group For Women Scotland against a Scottish law requiring public boards to be at least 50% female. The law had included trans women—those who have legally transitioned and hold a Gender Recognition Certificate (GRC)—within its definition of “woman.”
The Supreme Court ruled that this inclusion was inconsistent with the Equality Act, which, according to the judgment, uses “sex” to refer only to biological sex.
The court noted that transgender people remain protected under other provisions of the Equality Act, such as those related to gender reassignment. However, campaigners and human rights groups argue the ruling undermines these protections and reinforces the marginalisation of trans women in public life.
Amnesty International and Stonewall both expressed concern over the implications of the ruling, warning it could lead to broader exclusion from single-sex spaces, roles, or protections. Critics argue that while the law may appear neutral, the decision sends a harmful message: that trans women’s identities are conditional—counted when convenient, erased when not.
Supporters of the ruling, including author J.K. Rowling, say it affirms the rights of cisgender women and ensures clarity in equality legislation. But others argue that such clarity comes at the expense of dignity and recognition for trans people.
The Scottish government, which had supported the broader definition of woman in its legislation, acknowledged the ruling and said it would consider its implications while reaffirming its commitment to protecting the rights of all citizens.
This decision does not make being transgender illegal, nor does it eliminate all protections. But for many, it represents yet another moment where legal language is used to draw lines—lines that leave trans people standing on the outside.
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