The UK Supreme Court has made a significant ruling regarding the definition of "woman" in the context of equality laws. On April 16, 2025, the court decided that "woman" refers specifically to biological females. This ruling marks the conclusion of a long legal battle involving feminist groups and the Scottish government.
The case originated in Scotland in 2018 when the Scottish Parliament passed a law requiring that 50% of non-executive members on public boards be women. This law defined "women" to include transgender women who have gender recognition certificates (GRCs). The feminist group For Women Scotland (FWS) challenged this definition, arguing that it contradicted the established legal definitions in the UK Equality Act of 2010.
Initially, a Scottish court dismissed FWS’s case in 2022, stating that the law did not redefine "woman" to exclude transgender women. However, FWS persisted and appealed to the Supreme Court, which heard the case in March 2024. The court’s unanimous ruling stated that only those born biologically female would be recognized as women under the law. This means that transgender women, even those with GRCs, can be excluded from certain women-only spaces, such as changing rooms and domestic violence shelters.
The decision has sparked mixed reactions. Feminist groups celebrated, claiming it restores clarity to women’s rights. Susan Smith from FWS expressed satisfaction, stating that the ruling reflects a return to recognizing biological reality. Meanwhile, trans advocacy organizations expressed disappointment, arguing that the ruling undermines the rights and protections of transgender individuals. They fear it may lead to increased discrimination against trans people.
The ruling is expected to have wide-ranging implications across the UK, affecting policies in various sectors, including healthcare and sports. For instance, trans women may now face restrictions in women’s sports categories, as different sports organizations reassess their policies in light of the ruling.
The Scottish government has accepted the Supreme Court’s decision and plans to engage with its implications. The UK government has also stated that this ruling will clarify issues related to service provision in hospitals and shelters. Legal experts suggest that this ruling could prompt a review of equality legislation to better protect the rights of transgender individuals.
As this situation develops, it is clear that the conversation surrounding gender identity and rights will continue to be a contentious issue in the UK and beyond.