U.K. Supreme Court rules trans women are not legally female

The U.K. Supreme Court has ruled that, under the Equality Act 2010, the legal term “woman” refers exclusively to biological sex—excluding transgender women, even those with gender recognition certificates, from that category.

The unanimous decision came in response to a legal challenge brought by For Women Scotland against the Scottish government’s attempt to include trans women in gender-based representation targets for public boards. While Scottish courts had previously allowed this broader interpretation, Britain’s highest court deemed that reading incompatible with the Equality Act.

Delivering the judgment, Deputy President Lord Patrick Hodge said the law’s references to “sex” and “woman” are grounded in biological terms. “Any interpretation that extends this to include gender identity would render the legislation incoherent and impracticable,” the court ruled.

While the decision is seen as a major win for gender-critical activists, it has drawn strong criticism from trans rights groups. Vic Valentine of Scottish Trans said the ruling “undercuts the very aim of the Gender Recognition Act” and highlighted that “no trans people were invited to present their perspectives in a case that directly affects them.”

The case originated from a 2018 law passed under former Scottish First Minister Nicola Sturgeon, which sought to increase female representation on public boards. It was later amended to count trans women holding a gender recognition certificate as women—a move the Supreme Court has now rejected.

Despite the controversy, Lord Hodge cautioned against framing the outcome as a victory for one side over another. He acknowledged trans people as “a vulnerable and often harassed minority” and emphasized that they continue to be protected under the Equality Act through other provisions, including those covering gender reassignment, discrimination, and harassment.

In response, a spokesperson for the U.K. government welcomed the clarity the ruling offers. “This judgment reinforces the legal basis for protecting single-sex services such as hospitals, shelters, and sports spaces,” they said.

Scottish First Minister John Swinney accepted the court’s decision, describing it as a clarification of how different pieces of legislation interact. “We will consider the implications carefully,” he said, “with a commitment to protecting everyone’s rights.”

The ruling is expected to influence future debates—and policy decisions—on the legal boundaries of gender identity in the U.K.