UK Supreme Court Rules Trans Women Not Legally Considered Women
Image: A man holds a banner as people gather outside the Supreme Court in London, Britain, 16 April 2025, as the court is set to rule on gender recognition in the 2010 Equality Act. Photo: EPA/ANDY RAIN/AAP
A unanimous decision by five justices in the UK Supreme Court has determined that trans women should not be not legally considered women in terms of their access to single-sex spaces and roles.
In a landmark ruling, the UK Supreme Court declared that the term “woman” under the 2010 Equality Act refers exclusively to biological sex assigned at birth. This is a major legal win for anti-trans activists, who spent years escalating the case through UK courts after Scotland enshrined specific legal rights for trans people.
Trans women not legally considered women – background to UK Supreme Court ruling
In 2018, the Scottish government aimed to increase the number of women in non-executive roles on public boards. The law was worded to include trans women.
The organisation For Women Scotland, which has received financial backing from author JK Rowling, won a legal challenge against the Scottish government by arguing they didn’t have the authority to define sex in that way – only the UK parliament did.
Scotland then issued new guidance. It said that according to the Equality Act 2010, someone with a gender recognition certificate was legally a woman, and therefore was eligible to count towards the public board gender quota.
For Women took this to a higher court, but the case was dismissed.
For Women then took the case to the Supreme Court, seeking to define “woman” in the Equality Act 2010. The five supreme court judges ruled that the word “woman” in the Equality Act should be defined on the basis of biological sex – partly because the last time “man” and “woman” were legally defined was in 1975.
In their ruling they emphasised that trans people still have legal protections based on other parts of the Equality Act. They also noted that a definition of sex based on gender recognition certificates would “[give] trans people who possess a GRC greater rights than those who do not”.
Anti-trans activists delighted
Gender-critical activists and political allies welcomed the ruling as a decisive victory. Conservative opposition leader Kemi Badenoch stated “Saying ‘trans women are women’ was never true in fact, and now isn’t true in law either. This is a victory for all of the women who faced personal abuse or lost their jobs for stating the obvious. Women are women and men are men: you cannot change your biological sex.”
Maya Forstater, a prominent anti-trans activist said “The court has given us the right answer: the protected characteristic of sex refers to reality, not paperwork.”
The UK government echoed that sentiment, saying the decision provided “clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs” and that “single-sex spaces are protected in law and will always be protected by this government.”
Trans and human rights organisations dismayed by UK Supreme Court ruling
In response to the ruling, Amnesty International UK released a statement saying “The outcome of today’s judgment is clearly disappointing. It is a long and complex judgment and we will take time to analyse its full implications.”
“There are potentially concerning consequences for trans people, but it is important to stress that the court has been clear that trans people are protected under the Equality Act against discrimination and harassment.”
“The ruling does not change the protection trans people are afforded under the protected characteristic of ‘gender reassignment’, as well as other provisions under the Equality Act.”
The CEO of Stonewall stated that “Stonewall shares the deep concern at the widespread implications for today’s ruling from the Supreme Court. It will be incredibly worrying for the trans community and all of us who support them.”
“It’s important to be reminded the Court strongly and clearly re-affirmed the Equality Act protects all trans people against discrimination, based on Gender Reassignment, and will continue to do so.”
What this means for trans women in the UK
The role of the UK’s Supreme Court is to clarify and interpret laws, not to make new ones. This ruling only defines “woman” for the specific context of the Equality Act 2010 – not for the whole of UK law. It does not mean that trans women in the UK have been stripped of their rights, or that trans women are not legally women in any other context – yet.
The Equality Act also makes it clear that discrimination based on a perceived characteristic is still discrimination. If a trans woman is perceived as being a woman and discriminated against, it would still be classed as discrimination under the Equality Act. Trans people who are transitioning are also still protected on the basis of gender reassignment being a protected characteristic.
However, this case will likely embolden anti-trans activists, who will seek to use this ruling as the basis for further litigation.
