Britain’s Supreme Court ruled on Wednesday that “only biological women” fall under the legal definition of “woman” in the Equality Act 2010, marking a significant and controversial development in the ongoing debate over transgender rights.
The unanimous verdict determined that the terms “woman” and “sex” in the Equality Act refer specifically to biological sex, not gender identity—even when a transgender woman holds a Gender Recognition Certificate (GRC). The ruling effectively allows single-sex spaces, such as women-only shelters, hospital wards, and sports programs, to lawfully exclude trans women, clearing up previous legal uncertainty.
Delivering the ruling, Deputy President of the Supreme Court Patrick Hodge said:
“The unanimous decision of this court is that the terms ‘women’ and ‘sex’ in the Equality Act 2010 refer to a biological woman and biological sex.”
However, he urged the public not to interpret the ruling as a “victory for one group at the expense of another.”
The decision has sparked mixed reactions. Government officials welcomed the outcome, saying it would provide “clarity” for service providers. A spokesperson noted:
“Single-sex spaces are protected in law and will always be protected by this government.”
In contrast, transgender rights groups warned the ruling could lead to greater discrimination, particularly in employment and access to services. Activists expressed fears that the judgment would embolden exclusionary practices and deepen societal divisions.
The case was triggered by a legal challenge from For Women Scotland (FWS), a group advocating for women’s sex-based rights. The group had opposed Scottish government guidance issued in connection with a 2018 law aimed at boosting the number of women on public boards. That guidance included trans women with GRCs within the legal definition of “woman.”
