The recent UK Supreme Court judgment in For Women Scotland Ltd v The Scottish Ministers ([2025] UKSC 16) has clarified a long-standing ambiguity in equality law: what does the term “woman” mean in the Equality Act 2010? The court ruled that “woman” refers to biological sex, not gender identity or legal sex as defined by a Gender Recognition Certificate (GRC). This landmark decision marks a significant shift from previous interpretations, which often conflated biological sex with gender identity, leading to confusion in areas such as single-sex spaces, pregnancy protections, and gender-specific services.
The UK Supreme Court has affirmed that “sex” in the Equality Act 2010 must be interpreted biologically unless there is clear legislative intent to the contrary. This reverses earlier trends where some organisations and policymakers assumed that “woman” included transgender women with GRCs.
Prior to the UKSC judgment, a lack of clarity led to inconsistent application of the law. For example, some services interpreted “woman” to include transgender women based on their gender identity, while others adhered strictly to biological distinctions. This inconsistency created tension in areas like access to women-only spaces or pregnancy-related protections.
For a more brutal exploration go here: UKSC Clarifies Meaning of “Woman” in Equality Act 2010