Judges say Equality Act definition excludes transgender women, after gender-critical campaigners’ challenge
UK supreme court rules definition of woman in Equality Act refers to ‘a biological woman’ – video
In a landmark decision, the UK Supreme Court ruling on transgender rights on 16 April 2025 clarified that under the Equality Act 2010, the terms ‘woman’ and ‘sex’ must be understood as referring strictly to biological characteristics at birth.—even those with a Gender Recognition Certificate—from the legal definition of “woman” in single‑sex services such as refuges, hospital wards, prisons and sports teams. At the same time, the Court affirmed that transgender people remain protected from unfair treatment under the Act’s separate “gender reassignment” clause, meaning trans individuals can still bring discrimination claims on that basis. This ruling has sent shockwaves through the LGBTQ+ community, prompting urgent calls for solidarity, widespread protests and renewed advocacy for clear, inclusive guidance.
The case—For Women Scotland Ltd v The Scottish Ministers—was brought by the gender‑critical group For Women Scotland, supported publicly by author J.K. Rowling, after Scottish government guidance instructed that a trans woman with a full Gender Recognition Certificate (GRC) should be treated as a woman under equality law. For Women Scotland argued that terms like “man,” “woman” and “sex” in the Equality Act were always intended to reflect the sex assigned at birth, and that allowing legal sex to change via self‑identification or certificates would undermine protections based on biological sex.
Photograph: Iain Masterton/Alamy
What the Ruling Says
Delivering the judgment, Lord Hodge stated: “The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex”. The Court found that interpreting “sex” to change with a GRC would render the statute incoherent and unworkable for services relying on clear single‑sex rules.
Why It Matters
By defining “woman” by biology, the ruling means that single‑sex services and spaces—such as domestic violence refuges—can lawfully refuse entry to trans women, even if they hold a GRC. Critics warn this could strip trans women of safe access to essential services and exacerbate vulnerability to violence and harassment. At the same time, the judgment clarifies that trans people retain the right to bring claims under the protected characteristic of gender reassignment if they face unfair treatment related to their trans status.
LGBTQ+ charity Stonewall described the decision as “incredibly worrying for the trans community,” urging that the ruling’s ripple effects could deepen stigma and confusion about trans rights in daily life. In a powerful act of solidarity, Bridgerton star Nicola Coughlan launched a fundraiser for the trans charity Not A Phase, raising over £70,000 in just a day to support those at risk due to the ruling. Trans campaigners like Jane Fae of TransActual warned the verdict risks dividing society into “queer‑friendly and queer‑hostile spaces,” lamenting that trans lives are being excluded from public life.
Standing Up for Trans Dignity
Nearly 30 protests have been announced across the UK over Easter weekend (18–21 April), with rallies from Orkney to Plymouth demanding that trans rights be upheld and services remain inclusive. In one early consequence, British Transport Police said trans women in custody will now be strip‑searched by male officers—a policy change activists say demonstrates the ruling’s immediate, harmful impact on everyday safety.
With legal protections for trans people intact under the gender‑reassignment clause but single‑sex spaces now strictly biologically defined, LGBTQ+ organisations are calling on the UK government and the Equality and Human Rights Commission to issue clear, compassionate guidance that balances women’s safety with trans inclusion. Many are urging the creation of neutral “third spaces” where trans and non‑binary people can access services without fear of exclusion or hostility. The coming weeks will be crucial in determining whether this ruling ends on a note of division—or sparks genuine dialogue and policy solutions that respect the rights and dignity of all.
Related Reads:
- What Does Project 2025 Say About LGBTQ People?
- Trump Fires Top Trans Government
- Trump Administration Moves to Ban Transgender Athletes
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