How UK Court’s Definition Of ‘Woman’ Has Sparked Debate On Gender | Explained - News18 (2025)

Last Updated:April 20, 2025, 12:44 IST

UK court ruling centred on whether a trans woman with a gender recognition certificate, a document legally recognising new gender, is protected from discrimination as a woman under Britain's Equality Act 2010

Members of For Women Scotland celebrate after the UK Supreme Court ruled that a woman is someone born biologically female, excluding transgender people from the legal definition, in London. (AP Photo)

A UK court has ruled that the legal definition of woman should be based on the biological sex. The judgment has raised concern among trans people as the court said trans women don’t meet the definition under the equality laws.

The ruling centred on whether a trans woman with a gender recognition certificate (GRC), a formal document giving legal recognition of someone’s new gender, is protected from discrimination as a woman under Britain’s Equality Act 2010.

Although the ruling has given much clarity on the legal definition of woman, but the impact of the ruling is likely to be wider than the court suggested.

What Was The Case All About?

The legal dispute began in March 2018 when the Scottish Parliament passed an act stating that 50% of non-executive members of the boards of Scottish public bodies must be women.

The act, which is known as Holyrood’s Gender Representation on Public Boards (Scotland) Act 2018, was supposed to ensure better representation for women in public bodies.

But the definition of woman was a sticking point in the policy. The act said “women" included transgender women who held gender recognition certificates (GRCs) — that is, trans women who have legally transitioned and are certified by the government as having changed their gender.

The new law was challenged by a feminist group, For Women Scotland (FWS), in 2018. It argued that the Scottish parliament had wrongfully defined “woman" and that the law had failed to use legal definitions as set out in the UK Equality Act of 2010.

That Act prohibits discrimination based on age, disability, gender reassignment, marriage or civil partnership (in cases of employment), pregnancy and maternity, race, religion or belief, sex, and sexual orientation, as per Al Jazeera.

However, the UK Equality Act 2010 does allow for separate or single-sex services to be provided when reasonably necessary, such as for reasons of privacy, decency or preventing trauma.

The Scottish court in 2022 dismissed the first case brought by FWS, concluding that Scottish legislation did not redefine “woman" by including trans women. The judge ruled that women were “not limited to biological or birth sex".

The FWS later in March 2024 appealed to the Supreme Court. The group was also supported by Harry Potter author and women’s rights campaigner JK Rowling, who reportedly donated 70,000 pounds ($92,000) to a crowdfunding campaign by FWS.

What Did The UK Court Say?

“The unanimous decision of this court is that the terms ‘women’ and ‘sex’ in the Equality Act 2010 refer to a biological woman and biological sex," Deputy President of the Supreme Court Patrick Hodge said.

“But we counsel against reading this judgment as a triumph for one or more groups in our society at the expense of another — it is not."

The ruling confirms that single-sex services for women such as refuges, hospital wards and sports can exclude trans women, clearing up legal ambiguity. Transgender campaigners said the decision could lead to discrimination, especially over employment issues.

Although the case originally began in Scotland, the court’s interpretation of the law will be effective across the UK, including in England and Wales.

What Are The Implications Of The Ruling?

Until now, trans women with GRCs could be counted as women for the purpose of all-women shortlists for political parties or to fill quotas for women on boards or within organisations. This will no longer be applicable.

Many public bodies will have to review their gender policies. There is already Equality Act, which allows for women-only spaces, such as toilets, changing rooms and hospital wards in certain circumstances. But in cases like that of the nurse, Sandie Peggie, who was suspended after refusing to share a changing room with a transgender doctor, are likely to be reviewed, as per BBC.

In recent years, many sports have tightened up rules around transgender athletes at the elite levels. For example, athletics, cycling and aquatics have banned transgender women from taking part in women’s events. Presently, the English Football Association allows trans women to compete in the women category if their testosterone levels are below five nanomoles per litre for at least 12 months. Women typically have 2.5 nanomoles per litre. On the other hand, British Cycling bans trans women from women’s competitions altogether.

What Are Trans Rights Campaigners Saying?

Supporters of trans women like the FWS group argue that a person’s biological sex cannot be changed and that the rights of transgender people should not come at the expense of women.

Previously, FWS director Triba Budge said the Scottish Act could be interpreted to mean that public boards could legally consist of “50 percent men and 50 percent men with certificates" – referring to trans women holding GRCs – therefore excluding biological women altogether.

There have been concerns that the UK court’s ruling could lead to more attacks on trans people. ‘Stop Hate UK’, which monitors attacks on minority groups in the country, reports that the UK police recorded 2,630 hate crimes against transgender people in 2021, as quoted by Al Jazeera.

Stonewall, an LGBTQ+ rights charity, said it shared “the deep concern at the widespread implications" of the court ruling, as quoted by CNN. “It will be incredibly worrying for the trans community and all of us who support them," it said in a statement, also highlighting that trans people are still protected against discrimination.

Debate Over Trans Rights

In the 20 years since the Gender Recognition Act was passed in the UK, nearly 8,500 GRCs have been issued.

The Gender Recognition Panel received 1,397 applications for GRCs in 2023-2024 – a record number. Of those, 1,088 were granted. This was triple the number of applications in 2020-2021, after which the application fee dropped from 140 to 5 pounds ($180 to $7).

Not just the UK, but debates have raged in the United States and other Western countries as well, on whether certain women’s rights, services or spaces should be extended to trans women.

US President Donald Trump is facing legal challenges for signing orders to define sex as only male or female. Trump has also tried to ban transgender people from entering the military and block trans people from participating in sports teams that do not align with their biological sex.

What It Means For UK Politics?

The British Prime Minister, Keir Starmer, has so far not reacted to the ruling. But a UK government spokesperson said single-sex spaces “will always be protected by this government".

“We have always supported the protection of single-sex spaces based on biological sex. This ruling brings clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs," the spokesperson said, as quoted by CNN.

Starmer and the Labour Party have struggled over the years with how to address the sex and gender issues. The opposition Conservative Party has attacked him for past statements that trans women are women and calling for inclusivity in the debate.

Conservative Party leader Kemi Badenoch has called for a review of equality acts and the Gender Recognition Act “to ensure that they are there to prevent discrimination, not for social engineering."

Location :

New Delhi, India, India

First Published:

April 20, 2025, 12:39 IST

News explainers How UK Court’s Definition Of ‘Woman’ Has Sparked Debate On Gender | Explained