Posted Wednesday 16th April 2025
On April 16, 2025, the UK Supreme Court delivered a landmark ruling, determining that the terms “woman” and “sex” in the Equality Act 2010 refer specifically to biological sex. This decision excludes transgender women, even those possessing a Gender Recognition Certificate (GRC), from being legally recognised as women under this legislation.
The case originated from a legal challenge by For Women Scotland against the Scottish government’s interpretation of the Gender Representation on Public Boards Act 2018. The Scottish government had included transgender women with GRCs in the definition of “woman” for the purpose of achieving gender balance on public boards. The Supreme Court’s unanimous decision stated that such an interpretation conflicts with the original definitions and protections outlined in the Equality Act.
This ruling has significant implications for access to women-only spaces and services, such as hospital wards, sports teams, and support centres. Under the Equality Act gender reassignment is protected. Service providers will therefore still have to show that excluding trans people is proportionate. While the court emphasised that transgender individuals still retain legal protections against discrimination under existing laws, the decision has been met with mixed reactions. Gender-critical groups have welcomed the clarity it brings, whereas LGBTQ+ organisations have expressed concern over potential negative impacts on transgender rights.
The Equality and Human Rights Commission has acknowledged the importance of the ruling in clarifying challenges around maintaining single-sex and same-sex attracted associations. However, the decision may prompt broader legal reforms and affect policy decisions across various sectors.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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