Brennen Brothers, news editor

On April 16, the U.K. Supreme Court unanimously ruled that the legal definition of a woman is based on biological sex, thus excluding transgender individuals from the definition.   

This all leads back to a case in 2018 when a law was passed by the Scottish Parliament, stating that “there should be a 50% female representation on the boards of Scottish public bodies. That law included transgender women in its definition of women,” writes AP News. For Women Scotland (FWS), a gender-critical feminist and anti-trans campaign group located in Scotland, was against the notion and aimed to change the definition. AP News shares a quote from FWS director Trina Budge, “Not tying the definition of sex to its ordinary meaning means that public boards could conceivably comprise of 50% men, and 50% men with certificates, yet still lawfully meet the targets for female representation.” They attempted to challenge the definition in 2022, but it was rejected.

Then on Nov. 26, 2024, the U.K. Supreme Court began a hearing to define “woman.” Five judges at Britain’s highest court were seeking to clarify whether a transgender person would be recognized as a woman and be regarded as a woman under equality laws, shares AP News.

This leads back to the present, where a decision was made by the Supreme Court. The judges proposed that “not linking the legal definition of gender to biological sex would have repercussions on designated single-sex services, including changing rooms, hostels and communal accommodation,” writes CNN. 

According to CNN, Deputy President of the Supreme Court of the United Kingdom Lord Patrick Hodge told the court the reasoning for the decision, stating, “The terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex. The provisions relating to sex discrimination can only be interpreted as referring to biological sex.” 

Not everyone agreed with the ruling. Scottish Green MSP Maggie Chapman shared with the BCC, “This is a deeply concerning ruling for human rights and a huge blow to some of the most marginalised people in our society.” Scottish Trans Alliance Policy Officer Vic Valentine said to the BCC that the organization was surprised by the ruling. They state that this reverses 20 years and the understanding of “how the law recognises trans men and women with gender recognition certificates.” They continue to share that the judgement suggests that there will be times “where trans people can be excluded from both men’s and women’s spaces and services.”

The Conversation states that the Equality and Human Rights Commission said they will continue with the National Health Service (NHS), which states that transgender patients should be accommodated. They will continue to pursue the NHS unless the gender policies change.
The ruling does not remove any rights for transgender people. They are still protected under U.K. law from discrimination, says AP News.