In a unanimous decision, the UK Supreme Court declared that under the Equality Act 2010, transgender women are not legally considered women, even if they hold a Gender Recognition Certificate (GRC).
The legal battle began over a 2018 Scottish law designed to boost women’s representation on public boards as part of a broader initiative to promote gender equality by mandating that public bodies strive for at least 50% female membership, with the Scottish government included transgender women who held GRCs.The feminist group For Women Scotland (FWS), supported by figures like JK Rowling (who reportedly donated £70,000 to a crowdfunding campaign by FWS) challenged the law, arguing that including transgender women weakened protections intended for those born female, asserting that biological sex must remain as the foundation for gender rights.
Delivering the judgment in London, Lord Patrick Hodge affirmed that “the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to a biological woman and biological sex.” He clarified that the Act will continue to protect transgender individuals not only under the protected characteristic of gender reassignment, but also through safeguards against direct discrimination, indirect discrimination, and harassment. While Lord Hodge acknowledged that it is not the Supreme Court’s role to define these terms within broader societal debates, the Equality and Human Rights Commission (EHRC) issued an “interim update” on how the ruling should be implemented, advising that in workplaces and public-facing services such as hospitals, cafés, and other shared spaces, trans women (biological males) should not be permitted to use women’s facilities, and trans men (biological females) should not be permitted to use men’s facilities, even if they possess a GRC.
Supremely Disappointed
Protests against the ruling have already risen, sparking tensions with the BBC reporting of an investigation which has been launched in Birmingham after three people were attacked during a trans rights rally organised as a response to the Supreme Court’s decision. Many community-led organisations have issued statements regarding the court case, one being “Blossom LGBT’’ interest group, which issued a public statement on their social media calling for anyone who has become affected by the ruling for a virtual peer-to-peer coffee break.
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Falling Favour
Prime Minister Keir Starmer has endorsed the ruling, describing the judgment as providing “real clarity” for the public services and institutions. The position marked an evident shift in Starmer’s stance, no longer standing with his 2022 statement that “trans women are women.” The Labour Party now faces the challenge of balancing legal clarity with the rights and protections of the transgender community.
Opinion polls show a drastic decline for Labour’s party with half of Britons disappointed in the Labour government including 1 in 4 Labour voters inSeptember 2024,and as of April 2025, IpsosMori has recorded yet another dip in approval ratings, with only 23% of citizens favouring the party of government.
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A Fragile Balance
While the law now strictly defines sex based on biology, the lived realities of thousands of transgender people remain complex,with many believing they will find it harder to challenge unfair treatment and receive support from authorities.
Sources
- ● https://www.aljazeera.com/news/2025/4/17/trans-women-arent-legally-women-what-the-uk-supreme-court-ruling-means
- ● https://www.ipsos.com/en-uk/favourability-ratings-starmer-reeves-and-labour-all-unwind-month
- ● https://www.ipsos.com/en-uk/half-britons-disappointed-labour-government-so-far-including-1-4-labour-voters
- ● https://www.equalityhumanrights.com/media-centre/interim-update-practical-implications-uk-supreme-court-judgment
- ● https://www.bbc.co.uk/news/articles/clywp9y70l8o
- ● https://blossom.lgbt/