UK “Equality” Law Excludes Trans Women In Shock To Human Rights Advocates
In a deeply troubling decision, the UK Supreme Court has unanimously ruled that “woman” and “sex” in the Equality Act 2010 refer only to biological females. This verdict threatens decades of progress for transgender rights across Scotland, England, and Wales.
I've put on my hob nailed boots and given the Supreme Court decision the kicking it deserves. https://t.co/Z9upcLiyfK
— Jo Maugham (@JolyonMaugham) April 16, 2025
The Court’s Decision Explained
The five judges ruled that the legal definition of “woman” excludes transgender women who hold Gender Recognition Certificates (GRCs). According to the BBC, Lord Hodge stated: “The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.”
The Guardian reports that the 88-page judgment declared “the concept of sex is binary,” claiming that including transgender women would create an “incoherent” interpretation of the law.
Seismic decision by the UK Supreme Court this morning. Next stage will be how law is turned into policy across education, workplaces and sport.
— Shantz (@Shantz0308) April 16, 2025
Judges cautioned against seeing this as a victory for one group versus the interests of another. pic.twitter.com/WUOT8ummCP
How This Harmful Ruling Came About
Campaign group For Women Scotland (FWS) brought the case against the Scottish government following the 2018 Gender Representation on Public Boards Act, which was designed to improve gender balance on public sector boards.
FWS argued against including transgender women in the definition of “woman” for these gender quotas, pushing for what they called a “common sense” interpretation that defined sex as an “immutable biological state.”
After moving through Scottish courts, with ministers initially winning when Lady Haldane ruled the definition of sex was “not limited to biological or birth sex,” the case reached the UK Supreme Court for this final, devastating decision.
No matter what the UK Supreme Court says… trans women will always be WOMEN. No questions asked… and fuck whoever says different 🏳️⚧️🤍 pic.twitter.com/InNxwrWR0J
— cia | 📚📝❤️ (@ciasfalsegod) April 16, 2025
Real-World Consequences
This ruling means transgender women with GRCs can be excluded from single-sex spaces if deemed “proportionate,” affecting access to changing rooms, homeless hostels, and medical services.
Dr Nick McKerrell from Glasgow Caledonian University told the BBC that under this ruling, a transgender woman excluded from a single-sex space would be unable to claim sex discrimination. He noted workplaces might now need separate spaces based on biological sex, though adding that access issues won’t be completely “settled” by this case alone.
Community Reactions
Scottish Trans manager Vic Valentine expressed shock, telling the BBC the ruling “reverses 20 years of understanding on how the law recognises trans men and women with gender recognition certificates.”
They added: “This judgement seems to suggest that there will be times where trans people can be excluded from both men’s and women’s spaces and services. It is hard to understand where we would then be expected to go – or how this decision is compatible with a society that is fair and equal for everybody.”
Imagine just half the energy campaigning against trans rights had been put into
— Owen Jones (@owenjonesjourno) April 16, 2025
– Fighting the underfunding of women’s refuges
– Fighting for single mums
– Fighting for low-paid women
Compared to fighting trans rights, which would have had most impact on women’s lives?
Scottish Green MSP Maggie Chapman called it “a deeply concerning ruling for human rights and a huge blow to some of the most marginalised people in our society.”
Broadcaster India Willoughby didn’t mince words on X: “Such a fix. They knew the verdict was ‘in’ weeks ago. The Gender-Critical connections between the judiciary, politicians, and media in one photo. They came to party. The story here @BBCNews is that for the first time ever, a minority has had all its rights revoked.”
Such a fix. They knew the verdict was ‘in’ weeks ago. The Gender Critical connections between the judiciary, politicians and media in one photo. They came to party. The story here @BBCNews is that for the first time ever, a minority has had all its rights revoked. pic.twitter.com/lwkcITtZCp
— India Willoughby (@IndiaWilloughby) April 16, 2025
Meanwhile, FWS co-founder Susan Smith celebrated outside the court, while Maya Forstater of Sex Matters praised the decision as “the right answer.”
What Next?
While Lord Hodge claimed transgender people still have legal protections against discrimination and harassment under the Equality Act, this ruling fundamentally undermines those very protections. The Guardian notes that the Equality and Human Rights Commission supported this ruling, suggesting MPs hadn’t appreciated the “consequences for women” if transgender women with GRCs were legally female.
At DNA, we stand firmly with the transgender community during this difficult time. What kind of society excludes people from spaces where they feel safe and where they belong?
If you or someone you love is feeling distressed by this news, support is available through LGBT Helpline Scotland: 0800 464 7000 (Tuesday-Thursday 12-9 pm, Sunday 1-6 pm), or via their live chat or email service.
If today's news has caused distress to you or someone you love, there are resources available for support:
— Mark Ruskell (@markruskell) April 16, 2025
🌈 LGBT Helpline Scotland -> 0800 464 7000 (Tue – Thurs 12-9pm, Sun 1-6pm) or use their livechat or email, more info here -> https://t.co/9xXdlw89mS
