UK Supreme Court: Trans women not legally ‘women’ under equality Act

In a landmark ruling that could significantly reshape the application of equality laws across the United Kingdom, the Supreme Court on Wednesday declared that trans women do not fall under the legal definition of “women” as set out in the Equality Act 2010.

Delivering the unanimous verdict, Deputy President of the Court, Lord Hodge, said the court concluded that “the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological women and biological sex.”

The decision comes after a protracted legal battle initiated in Scotland and is seen as a pivotal moment in the ongoing—and often heated—public debate over the balance between transgender rights and women’s rights.

Implications for Single-Sex Services and Employment Law

The ruling is expected to have far-reaching consequences for how Britain applies the Equality Act in areas such as single-sex spaces, including domestic violence shelters, prisons, and restrooms, as well as equal pay disputes and maternity-related workplace policies.

Legal experts say the decision reaffirms that single-sex exemptions under the law can be lawfully applied based on biological sex, not gender identity, which may affect access to services that have traditionally operated with sex-based boundaries.

Court Urges Calm Interpretation Amid Divisive Climate

While acknowledging the contentious nature of the case, Lord Hodge urged restraint in interpreting the judgment as a victory for any one group.

“We counsel against reading this judgment as a triumph of one or more groups in our society at the expense of another, it is not,” he said.

He emphasized that transgender individuals remain protected from discrimination under other provisions within the Equality Act, particularly Section 7, which recognizes “gender reassignment” as a protected characteristic.

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In his opening remarks, Lord Hodge recognized the sensitivities of the case and the broader public discourse.

“Trans people are a vulnerable and often harassed minority,” he noted. “Women, too, have a long and continuing struggle for equality. It is not the task of this court to make policy… but to interpret the laws Parliament has made.”

Despite his call for silence during the announcement, audible gasps filled the courtroom, followed by cheers and applause from members of For Women Scotland, the advocacy group that brought the case to the UK’s highest court.

Supporters embraced after the hearing, describing the ruling as a “victory for clarity and for women’s rights.”

Political Ramifications

The decision may come as a relief to Prime Minister Keir Starmer, whose government has faced growing pressure to clarify its stance on gender identity and single-sex services.

Legal commentators had speculated that the Supreme Court might sidestep the issue and defer to Parliament, but Wednesday’s ruling provides a clear legal interpretation—one that may guide future policy decisions.

While the ruling addresses the definition of “woman” strictly in the context of biological sex for legal purposes, it is already fueling renewed debate on how society can balance inclusive protections for trans people with sex-based rights for women—a complex and emotionally charged issue that continues to divide opinion in Britain and beyond.