UK Supreme Court Rules ‘Woman’ Refers Only to Biological Females Under Equality Law

National Times Bureau, April 16, 2025: In a landmark ruling, the United Kingdom’s Supreme Court has declared that the term “woman” under the Equality Act 2010 refers exclusively to individuals born female, not including trans women. The decision, delivered unanimously on Wednesday, emphasized that legal protections based on sex apply specifically to biological definitions, not gender identity.

The case was triggered by a group of Scottish campaigners who argued that sex-based rights should only cover those assigned female at birth. In contrast, the Scottish government held that trans women with Gender Recognition Certificates (GRCs) should be treated as women under the law.

But the court firmly sided with the biological interpretation.

“The terms ‘man,’ ‘woman,’ and ‘sex’ in the EA 2010 refer to biological sex,” the justices wrote in their joint opinion. The judgment clarified that sex is a binary concept, grounded in biology, and that references to women in law exclude those born male. The ruling added that although the word “biological” isn’t explicitly stated, its meaning is clear from context and common understanding.

Despite the ruling, the court affirmed that transgender individuals are still protected under the Equality Act through provisions against indirect discrimination. These protections apply regardless of whether someone holds a GRC and cover disadvantages experienced due to gender reassignment or by being grouped with their biological sex.

The court emphasized that these safeguards remain intact and meaningful, ensuring that trans people can still bring forward claims based on real-life disadvantages — without contradicting their social identity.

This decision marks a defining moment in the legal interpretation of sex and gender in Britain, sharpening the distinction between biological sex and gender identity in the application of anti-discrimination laws.