The Supreme Court of the UK ruled that under the Equality Act 2010, the legal definition of “women” refers specifically to effectively excluding trans women from key areas of the law.
In a unanimous judgment, the court held that the terms “women” and “sexual” in the Equality Act refer to biological women, triggering celebrations of gender-critical campaigners and deep concerns among trans rights advocates.
The cases raised by the Scottish Women’s Campaign Group challenged the guidance of the Scottish government, including women under the legal definition of women, including trans women with a Gender Recognition Certificate (GRC). The group believes that such explanations may erode biological women’s rights in single-sex women’s locker rooms, hotels and single-sex spaces that only women are shortlisted for.
Off the court, Susan Smith and Marion Calder of the Scottish Women praised the decision as a major victory. The campaigners waved placards and cheered when the ruling was delivered.
Lord Patrick Hodge said:
“The ‘women’ and ‘sex’ terms in the Equality Act of 2010 refer to biological women and biological gender. Provisions related to gender discrimination can only be interpreted through this lens.”
He further explained that interpreting “sex” as “certified gender” would conflict with other definitions in the law and could create inconsistencies, especially in situations such as pregnancy protection and maternity leave. The ruling clarifies that transgender women can still be protected from discrimination under the Equality Act on the grounds of “gender redistribution.”
The Labor Government welcomed the ruling, saying it provided “clearity and confidence” to service providers. Meanwhile, opposition conservatives called it a “clear victory of common sense” and urged the government to revise guidance to reflect judgments.
“This ruling brings clarity and confidence to women and service providers such as hospitals, shelters and sports clubs,” a government spokesman said. “Single sex spaces are protected by law and will continue to be protected by this government.”
The campaign group’s sex matters state:
“The court gave the right answer. Protected characteristics of sexual behavior – Mel and women – for reality rather than paperwork.”
Similarly, the LGB coalition called the ruling a “watershed for women’s rights.” Former Scottish National Party MP Joanna Cherry, a voice critic of gender self-identity, said the verdict was “greatly proven” and urged lawmakers to ensure law enforcement.
Transgender organizations responded with alerts. LGBTQ+ Charity Stonewall described the ruling as “very concerned about the trans community”, warning that this could be further marginalized.
Advocacy organization Scotland Transgender Group recommends that the community be calm and cautious in the face of widespread media coverage.
“There will be a lot of comments that may exaggerate the impact of this decision. We urge trans people to follow each other today,” the organization wrote on social media.
Transgenders around the world are concerned about the erosion of their rights amid increasing hostility. In the UK, gender-based hate crimes soared 112% in 2023. In the same year, two schoolchildren sent shockwaves across the country for the brutal murder of 16-year-old trans girl Brianna Ghey.
Internationally, the debate continues. In the United States, President Donald Trump recently signed an executive order that prohibits transgender girls and women from participating in school movements that align with gender identity and ignits a new legal battle.
