Legal Definition of ‘Woman’ is Based on Biological Sex – UK SC Rules

In a landmark decision, the Supreme Court of the United Kingdom has ruled that the legal definition of a woman under the Equality Act 2010 is based solely on biological sex.

The unanimous judgment was delivered on Wednesday, 16 April, by a panel of five justices, addressing whether the term “woman” in the Equality Act includes transgender women who hold Gender Recognition Certificates (GRCs).

The ruling follows a long-running legal dispute between the Scottish Government and the women’s rights group For Women Scotland. In its decision, delivered by Lord Hodge, the court held that the words “sex”, “man”, and “woman” as used in the Equality Act refer to biological sex.

Any other interpretation, the court said, would render the Act “incoherent and impracticable”.

A summary of the ruling stated, “Therefore, a person with a Gender Recognition Certificate in the female gender does not come within the definition of a ‘woman’ under the Equality Act 2010, and the statutory guidance issued by the Scottish ministers is incorrect.”

While the judges emphasised that the ruling was not a victory for one side over another—and reaffirmed that transgender individuals remain protected from discrimination under the law—the verdict was met with celebration from supporters of For Women Scotland.

Outside the court, campaigners chanted “women’s rights are human rights”.

Co-Director of For Women Scotland, Susan Smith, told the BBC following the ruling, “In Scotland specifically, I think what our politicians need to get their heads around is this is the law, and they need to stop pushing faulty guidance into schools and hospitals. I think there is going to be an ongoing fight, because we still have policies that now we know are not in line with the law.

The ruling is expected to have significant implications for public policy and legal interpretations of sex and gender in the UK going forward.

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