UK Supreme Court makes major ruling on definition of "woman"
<p>In a landmark ruling that has stirred celebration and concern in equal measure, the UK Supreme Court has unanimously ruled that the legal definition of "woman" refers exclusively to someone born biologically female.</p>
<p>The decision effectively excludes transgender women from being counted as women under the Equality Act, marking a decisive turn in a years-long legal battle over gender identity and women's rights in Scotland.</p>
<p>The case, brought by the feminist campaign group For Women Scotland (FWS), challenged guidance issued by the Scottish government that included transgender women with gender recognition certificates in official gender quotas. The ruling has been hailed as a victory by women's rights advocates who argued that expanding the definition undermined protections for biologically female people.</p>
<p>“Everyone knows what sex is and you can't change it,” said Susan Smith, co-director of FWS, celebrating the court’s decision outside the courthouse. “It’s basic common sense. People have tried to deny science and reality. Hopefully, this now brings us back to reality.”</p>
<p>The Supreme Court’s five justices ruled unanimously that the Equality Act permits single-sex spaces – such as women-only changing rooms, shelters, and medical services – to exclude transgender women, even those who hold gender recognition certificates.</p>
<p>In his written opinion, Justice Patrick Hodge said that the ruling does not strip transgender people of their broader protections under UK law but rather clarifies the scope of “sex” in certain legal contexts. “Interpreting ‘sex’ as certificated sex would cut across the definitions of ‘man’ and ‘woman’… and create heterogeneous groupings,” he wrote.</p>
<p>The dispute originated from a 2018 Scottish law requiring that at least 50% of board members of public bodies be women. The inclusion of trans women in this target was central to the legal challenge, with FWS arguing that such a move effectively redefined the concept of womanhood without parliamentary authority.</p>
<p>Aidan O’Neill, legal counsel for FWS, told the court that “sex” should be interpreted in the “ordinary, everyday” sense, based on biology from birth. “It is an expression of one’s bodily reality,” he said. “An immutable biological state.”</p>
<p>The ruling has sparked celebration among gender-critical activists. Outside court, campaigners from several women’s groups opened champagne and chanted, “Women’s rights are human rights.”</p>
<p>Maya Forstater, founder of the advocacy group Sex Matters, said: “The court has given us the right answer: the protected characteristic of sex refers to reality, not paperwork.”</p>
<p>Author JK Rowling, a vocal supporter of FWS, praised the campaigners as “extraordinary” and “tenacious.” In a post on X, she said, “In winning, they've protected the rights of women and girls across the UK.”</p>
<p>However, the judgment has drawn sharp criticism from trans rights organisations and human rights advocates. The campaign group Scottish Trans said it was “shocked and disappointed,” warning that the ruling risks eroding legal protections for trans people.</p>
<p>Green Party Member of the Scottish Parliament Maggie Chapman called the decision “deeply concerning” and a “huge blow to some of the most marginalised people in our society.”</p>
<p>“Trans people have been cynically targeted and demonised by politicians and large parts of the media for far too long,” Chapman said. “This has contributed to attacks on longstanding rights and attempts to erase their existence altogether.”</p>
<p>Amnesty International also condemned the ruling, arguing that it clashes with broader human rights standards. “A blanket policy of barring trans women from single-sex services is not a proportionate means to achieve a legitimate aim,” the organisation stated.</p>
<p>The UK government welcomed the Supreme Court's clarification, stating, “Single-sex spaces are protected in law and will always be protected by this government.”</p>
<p>Scotland’s semi-autonomous government, which initially defended the inclusion of trans women in public board quotas, said it accepted the court's decision. “We will now engage on the implications of the ruling,” said First Minister John Swinney. “Protecting the rights of all will underpin our actions.”</p>
<p>The ruling is expected to have wide-reaching implications for public policy, equalities law, and gender identity debates across the UK – a country increasingly at the centre of a global reckoning on the boundaries of sex, gender and rights.</p>
<p><em>Images: For Women Scotland</em></p>
