UK Supreme Court Rules ‘Woman’ Means Biological Female Under Equality Act
In a landmark ruling, the UK Supreme Court has declared that the term “woman” in the Equality Act 2010 refers to biological sex, not gender identity. The judgment came after a legal challenge between the Scottish Government and the campaign group For Women Scotland over female representation on public boards.
Lord Hodge, speaking for all five judges, confirmed that the law recognizes sex as binary—male or female—based on biology. He emphasized that the ruling should not be seen as a win or loss for any group, as the law continues to protect transgender individuals from discrimination under separate provisions for gender reassignment.
The case focused on whether a person with a gender recognition certificate (GRC) should be treated as a woman under the Equality Act. The Scottish courts previously said yes, but the Supreme Court reversed that decision. The ruling affects laws across England, Scotland, and Wales.
Supporters of women’s rights groups, including For Women Scotland, celebrated the decision, seeing it as a protection for women-only spaces, such as prisons, sports, and support centers. Maya Forstater from the charity Sex Matters said the court “confirmed that sex refers to reality, not paperwork.”
Leaders from the Conservative Party praised the outcome. Kemi Badenoch called it a “victory for women,” and said the ruling brings clarity to long-debated topics. Other groups, including LGB Alliance and Labour Women’s Declaration, welcomed the decision as a protection of same-sex rights and clarity in public policies.
However, some LGBTQ+ advocates expressed disappointment. Labour for Trans Rights described the decision as the result of persistent lobbying and pledged to continue advocating for trans rights.
The court explained that applying legal recognition of gender in place of biological sex could confuse the law, especially around sexual orientation and single-sex services.
In conclusion, the Supreme Court stated that while transgender people remain protected under the Equality Act, sex-based rights apply to biological sex, not self-identified gender.
