The UK Supreme Court will decide on the legal meaning of a woman
Judges to decide if Equality Act protections cover transgender women with gender recognition certificates
Equality campaigners in the UK are waiting for a Supreme Court decision that could change the rights of transgender people to use single-sex services.
Five judges in the UK Supreme Court will decide on Wednesday morning whether the term “woman” in the Equality Act 2010 includes transgender women who have a gender recognition certificate (GRC).
This decision could lead to calls for changes in the law and could affect the rights of transgender women to take up women-only roles on public boards and to use services and spaces meant for women.
The case was brought against the Scottish government by For Women Scotland, a group that believes that only people born biologically female should be considered women under the law. They argue that a clear definition from the court would settle confusion about who can use women’s services and spaces. They believe people who identify as transgender but do not have a GRC are wrongly allowed to use women-only services.
The Scottish government has defended its decision, saying the Gender Recognition Act 2004 makes it clear that a GRC changes someone’s sex for all purposes. They argue that this means people with a GRC should have the same legal rights as others who are recorded as women at birth.
If the court rules in favor of the Scottish government, the Equality Act may be clarified to specify the rights of transgender women. If the court rules in favor of For Women Scotland, the UK government could be pressured to change the law to keep transgender women out of women-only spaces, and the Scottish government would need to change its policies on public boards.
The court has been criticized for not allowing transgender women to take part in the hearings, although it did let the civil rights group Amnesty UK support the Scottish government.
Victoria McCloud, a retired judge who changed her legal sex over 20 years ago, was also not allowed to speak in the case. She said this meant the people most affected were excluded from the process. She warned that if the legal sex of trans people is changed without their consent, it could affect their rights, such as equal pay with men.
Published: 16th April 2025
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