Supreme Court defines "woman" biologically
A London ruling in 2025 determined who counts as a woman in British equality law. With consequences for trans people.
On 16 April 2025, the UK Supreme Court in London announced a ruling that both sides of a bitter debate had been waiting for for months. The five justices decided unanimously: the terms "woman", "man" and "sex" in the Equality Act 2010 refer to biological sex.
The case had been brought by the Scottish group For Women Scotland. It was challenging Scottish government guidance on gender quotas on public boards. Under it, trans women with a Gender Recognition Certificate, that is, official recognition of their gender, were to count as women. The group had lost twice in Scotland. In London it now won.
When delivering the judgment, Lord Hodge stressed that the court was not deciding the social question of what gender is. It was solely about interpreting a law. The ruling was not a victory of one side over the other. The court expressly stated that trans people remain protected from discrimination, namely through the characteristic of gender reassignment.
Outside the court building, the claimants cheered. The mood in the queer community was quite different. That same day, numerous LGBT+ organisations spoke in a joint statement of a difficult day. They warned of far-reaching consequences for trans, intersex and non-binary people.
These consequences quickly became apparent. Hospitals, sports federations, women's refuges and employers had to review their rules for toilets, changing rooms and services. Authorities in England, Scotland and Wales adapted their guidance. For many trans people, the decision meant above all one thing: uncertainty in everyday life.
The ruling is considered one of the most consequential court decisions on gender questions in Europe. It shows how strongly a legal definition can shape the lives of a minority.