UK: Supreme Court Rules on Definition of a Woman in Equality Law

The UK Supreme Court rules “woman” in equality law means biological female, clarifying legal protections and sparking debate over transgender rights and single-sex spaces.

The Key Points:  The UK Supreme Court has ruled that “woman” in equality legislation refers to someone born biologically female, not to a trans woman with a gender recognition certificate. The judgment clarifies that “woman” and “sex” in the Equality Act 2010 refer to biological categories.

Why This Matters:  This ruling provides legal clarity for service providers and employers regarding single-sex spaces and anti-discrimination obligations, while also sparking debate about the legal recognition of transgender rights.

What Might Happen Next: The government has welcomed the clarity, but advocacy and legal challenges around transgender rights are likely to continue. Further guidance for employers and service providers may be issued.

What You Should Be Doing: Review your organisation’s equality policies and practices to ensure they align with the clarified legal definitions, and remain alert for further guidance or legal developments.

See this Lewis Silkin LLP briefing note on the Supreme Court judgement