Supreme Court to Rule on Legal Definition of “Woman” in Landmark Case
Last Updated on April 15, 2025 by Athi Venkatesh
The UK Supreme Court will rule on Tuesday, April 16, on how the law should define a woman. The case stems from a challenge by campaign group For Women Scotland against the Scottish government.
The ruling could reshape how sex-based rights apply under the 2010 Equality Act across Great Britain. At the heart of the case is whether “sex” under the Act refers only to birth sex or includes trans people with a Gender Recognition Certificate (GRC).
For Women Scotland argues that sex-based protections should apply only to those born female. They say this definition protects single-sex spaces like hospitals, prisons, and refuges. Their lawyer, Aidan O’Neill KC, told the court sex is “an immutable biological state.”
The Scottish government disagrees. It says the 2004 Gender Recognition Act clearly allows someone with a GRC to change their legal sex “for all purposes.” Their lawyer, Ruth Crawford KC, argued such individuals deserve full protection under their acquired gender.
The case began in 2018 after Scotland passed a law to increase gender balance on public boards. The inclusion of trans women in the quota sparked legal objections. Lower courts in Scotland upheld the government’s position. Judge Lady Haldane ruled in 2022 that sex includes more than birth sex.
The Supreme Court now faces the broader question: What does “sex” mean under the Equality Act? Five judges heard arguments last November and will deliver their judgment in London at 9:45 AM.
The ruling could affect maternity policies, sports, equal pay claims, and single-sex groups like lesbian clubs. It may also trigger calls to reform the Equality Act itself. The Equality and Human Rights Commission supported legal reform, saying the original law might have unintended consequences for women and same-sex attracted people.
Trans rights groups fear the ruling could weaken protections against discrimination. Amnesty International warned the case could set a precedent that erodes broader minority rights.
Political parties remain split. Conservatives have backed legal clarity, while Labour has pledged to simplify gender recognition laws.
