The Supreme Court of the United Kingdom unanimously ruled on Wednesday that the legal definition of “woman” under the U.K. Equality Act refers to biological sex, not gender identity.
The decision allows the exclusion of transgender women from certain female-only spaces and services under existing equality law.
The case centered on whether a person who has obtained a Gender Recognition Certificate identifying them as female should be considered a woman for the purposes of laws protecting single-sex spaces.
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The court concluded that even with legal documentation, transgender women are not to be regarded as biological women under the Equality Act.
The five-judge panel determined that the Equality Act permits distinctions based on biological sex in specific contexts.
These include access to changing rooms, shelters, medical services, and other spaces or programs designated for women only.
The ruling comes in response to a legal challenge brought by the women’s rights organization For Women Scotland.
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The organization sought judicial clarification after the Scottish government attempted to expand the legal definition of “woman” to include transgender individuals who possess a Gender Recognition Certificate.
In the court’s official opinion, Justice Patrick Hodge stated that redefining “sex” as a certified gender identity would conflict with the legislative intent and structure of the Equality Act.
“Interpreting ‘sex’ as certificated sex would cut across the definitions of ‘man’ and ‘woman’ … and, thus, the protected characteristic of sex in an incoherent way,” Hodge wrote. “It would create heterogeneous groupings.”
Justice Hodge emphasized that the decision does not eliminate legal protections for transgender individuals.
“This does not remove protection from trans people,” he said, noting that they remain protected from discrimination based on gender reassignment under the Equality Act.
Outside the courthouse, supporters of the ruling gathered in support of the decision. Susan Smith, co-director of For Women Scotland, said the outcome reaffirms scientific and legal clarity.
“Everyone knows what sex is and you can’t change it,” Smith said.
“It’s common sense, basic common sense and the fact that we have been down a rabbit hole where people have tried to deny science and to deny reality and hopefully this will now see us back to, back to reality.”
UK Supreme Court rules that a ‘woman’ in UK law refers to biological sex and a transgender man is not a woman by legal definition.
— Oli London (@OliLondonTV) April 16, 2025
The ruling has sparked a response from legal experts and advocates on both sides of the debate.
Employment lawyer Hannah Ford told Sky News that the judgment will provide clarity on legal interpretations but acknowledged it will be viewed as a loss by some transgender advocates.
“This will be really wounding for the trans community,” Ford said.
“There’s going to be an uphill battle to ensure workplaces are welcoming places for trans people.”
The judgment clarifies how the Equality Act should be applied in practice, particularly as debates over gender identity and single-sex protections have intensified in the United Kingdom in recent years.
While the ruling defines “woman” as referring specifically to someone born biologically female, it also affirms the broader anti-discrimination provisions that remain in place for transgender individuals.
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