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The United Kingdom’s Supreme Court has ruled that transgender women, even those holding a gender recognition certificate, are not legally recognised as “women” under the country’s Equality Act 2010.
The ruling stems from a legal case initiated by the campaign group For Women Scotland, which challenged the Scottish government’s move to allow transgender women to be counted as part of initiatives aimed at boosting female representation on public boards.
For Women Scotland argued that altering the legal definition of “woman” to include transgender individuals could dilute protections for biological women, particularly in areas such as leadership representation, policy-making, and access to single-sex spaces like women’s shelters and restrooms.
Delivering the judgment, Deputy President of the Supreme Court, Lord Hodge, stated that in the context of the Equality Act, “woman” refers specifically to biological females. He cautioned that redefining this term would introduce legal confusion and undermine clarity in laws designed to protect individuals based on sex.
“We are well aware of the strength of feeling on all sides,” Lord Hodge said, acknowledging the sensitive nature of the issue. He stressed, however, that transgender individuals remain protected under other legal provisions, including those covering gender reassignment and discrimination protections.
