UK’s highest court rules a ‘woman’ is someone born biologically female

April 16, 2025 journo

London: The UK’s highest court has ruled that the legal definition of a woman under anti-discrimination law refers strictly to someone who is biologically female, in a decision hailed by gender-critical campaigners but condemned by trans rights advocates as a serious setback for equality.

In a unanimous ruling, the Supreme Court determined that the terms “woman” and “sex” in UK law must be interpreted as referring to biological sex. This means that a transgender woman, even if she holds a gender recognition certificate (GRC), is not considered a woman under the law.

Celebrations outside London’s Supreme Court following its unanimous ruling that “the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex”.Credit: Getty Images

Handing down his judgment, Supreme Court deputy head Lord Patrick Hodge said: “The central question on this appeal is the meaning of the terms ‘woman’ and ‘sex’ in the Equality Act. Do those terms refer to biological women and biological sex? Or is ‘woman’ to be interpreted as extending to a trans woman with a gender recognition certificate?”

“By that, I mean a person born male who now possesses a gender-recognition certificate amending her gender to female, and ‘sex’ to be interpreted as including what I will refer to as ‘certificated sex’. The unanimous decision of this court is that the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological woman and biological sex.”

The judgment ends a protracted legal battle that originated in Scotland, where advocacy group For Women Scotland (FWS) challenged legislation aimed at increasing female representation on public boards. The original 2018 law included trans women in the definition of “woman,” prompting FWS to argue that the Scottish government had overstepped its authority by redefining a key term in national equality legislation.

While Scottish courts initially sided with the government, FWS ultimately prevailed in the highest court in Britain. The court ruled that the statutory guidance issued by Scottish ministers – which allowed individuals with a GRC to be recognised as women under the law – was “incorrect.”

The court said transgender women could be excluded from single-sex spaces including female-only toilets if “proportionate”.Credit: iStock

As part of the ruling, the court said transgender women with a GRC could be excluded from single-sex spaces if “proportionate”. Single-sex spaces include female-only toilets, changing rooms and hostels.

“If sex means biological sex, then provided it is proportionate, the female-only nature of the service … would permit the exclusion of all males including males living in the female gender regardless of GRC status,” the five justices said in their 88-page report.

“If as a matter of law, a service provider is required to provide services previously limited to women also to trans women with a GRC, even if they present as biological men, it is difficult to see how they can then justify refusing to provide those services also to biological men and who also look like biological men.”

Women’s rights groups and prominent campaigners, including author J.K Rowling, responded to the decision with jubilation.

The Harry Potter author said on social media platform X: “It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK … I’m so proud to know you”.

But Amnesty International UK described the ruling as “disappointing” with “potentially concerning consequences for trans people”.

The decision could have wide-ranging implications for single-sex services and facilities across the UK, including in healthcare, education, and sport.

The UK government welcomed the judgment, describing it as a move that brings “clarity and confidence for women and service providers such as hospitals, refuges, and sports clubs”, and that it reaffirmed that “single-sex spaces are protected in law and will always be protected by this government”.

Employment law experts say the ruling will have major practical consequences, warning that employers may need to review HR policies, particularly those relating to access to single-sex facilities.

World Athletics president Lord Sebastian Coe described the decision as “common sense” and said it would help “support women, in places for them that really matter.” The sport’s governing body already bars transgender women who have undergone male puberty from competing in female categories.

Reaction from Scottish leaders was more circumspect. First Minister John Swinney said the government accepted the ruling and would “engage on the implications… Protecting the rights of all will underpin our actions”.

But Scottish Greens MSP Maggie Chapman called the ruling “deeply concerning for human rights” and “a huge blow to some of the most marginalised people in our society”.

Vic Valentine, manager of Scottish Trans, warned the decision “undercuts the central purpose of the Gender Recognition Act” and criticised the court for not hearing from any trans individuals in a case that “is all about trans people”.

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