Transgender women in the UK no longer recognised as women
The Scottish Supreme Court has ruled that the terms "woman" and "sex" in the Equality Act 2010 refer to a biological woman and biological sex, and do not include trans women whose gender has been legally recognized through a certificate. “This ruling could remove vital protections and leaves many trans people and their loved ones deeply worried about how their lives will be affected and what comes next,” said Scottish Green MSP Maggie Chapman after the judgment was read aloud.The ruling of the Court in Edinburgh has consequences for all trans women in the United Kingdom.
The case was brought forward by the campaign group For Women Scotland (FWS), which challenged the Gender Representation on Public Boards (Scotland) Act 2018. That law aimed to increase female representation on public boards. FWS opposed the inclusion of transgender women in the definition of "woman." The Court of Session in Edinburgh ruled that the Scottish Parliament had exceeded its legal powers by altering the definition. In response, the Scottish Government removed the revised definition and issued new legal guidance.
This guidance stated that the 2018 law aligned with the Equality Act 2010, and that trans individuals with a Gender Recognition Certificate (GRC) — legally acknowledging their gender as female — should be considered women under the Gender Recognition Act 2004.
FWS also challenged the new guidance, arguing that the term "sex" in the Equality Act refers exclusively to biological sex, and that the government had overstepped its authority by effectively redefining the term "woman." They warned that this could affect the operation of single-sex spaces and services.
FWS’s objections were previously dismissed twice by the Court of Session, with Lady Haldane ruling in 2022 that the definition of sex “is not limited to biological or birth sex.”
But on Wednesday, the Scottish Supreme Court unanimously ruled that the terms “woman” and “sex” in the Equality Act 2010 refer strictly to biological women and biological sex. “We caution against viewing this ruling as a victory for one group in our society at the expense of another,” said Court President Lord Hodge as he began reading the 88-page judgment.
He emphasised that the Equality Act 2010 still protects transgender people — not only under the protected characteristic of gender reassignment, but also from direct and indirect discrimination and harassment in their acquired gender. These legal protections apply regardless of whether a person holds a Gender Recognition Certificate.
The judges also reiterated that the Equality Act adheres to a binary understanding of sex: a person is either male or female. Legal provisions that refer to women’s rights necessarily exclude men.
The judgment was celebrated by FWS supporters, while trans activists left the courtroom visibly disappointed. “This now gives absolute clarity in the law: when we see a space marked ‘for women only’, that’s exactly what it means,” said Trina Budge of FWS. “Only women. No men. Not even with a certificate.”
A Scottish Government spokesperson responded: “This ruling provides clarity and confidence — both for women and for service providers such as hospitals, shelters, and sports clubs. Single-sex spaces are protected by law, and this government will continue to uphold that protection.”
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