The UK Supreme Court ruled unanimously that the legal definition of “woman” under the Equality Act refers exclusively to individuals born biologically female, not gender identity. The decision clarifies that transgender women, even those with Gender Recognition Certificates (GRCs), are not legally considered women under this specific legal framework.
The case arose from a 2018 Scottish law requiring 50% female representation on public sector boards. Scottish officials had included transgender women with GRCs toward that quota. However, Feminist group For Women Scotland (FWS) challenged the move, arguing it compromised sex-based rights. The Supreme Court ruled in their favor, stating that interpreting “sex” to include legal recognition of gender identity would disrupt the coherence of the Equality Act and potentially lead to the erosion of single-sex spaces, such as women’s hospital wards, shelters, and sports, meant for biological women.
The UK government welcomed the decision, calling it a win for women’s safety and legal clarity, while critics expressed alarm over the potential for increased discrimination against transgender individuals.