The Supreme Court of the United Kingdom has ruled that males claiming to be transgender are not considered to be women under the nationโs laws.
In a unanimous landmark ruling, all five justices ruled that โwomanโ and โsexโ in the 2010 Equality Act refer to biological sex, not โgender identity.โ
Following the decision, men who claim to be โtransgender womenโ can no longer demand to be treated as female.
The judgment was handed down by Lord Patrick Hodge, the deputy president of the UK Supreme Court.
Hodge said it was the courtโs unanimous view that the terms โwomanโ and โsexโ in the 2010 Equality Act refer to biological sex and nothing more.
He noted that men have no legal right to claim they are โwomenโ or that they changed their sex, which is scientifically impossible.
Womenโs rights campaigners hailed Wednesdayโs ruling as a victory for common sense, claiming gender โself-ID is deadโ.
It follows a years-long legal battle over the definition of a woman.
The ruling brings an end to the dispute between campaign group For Women Scotland and the Scottish Government.
Lord Hodge told the court:
โThe unanimous decision of this court is that the definitions of the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.
โBut we counsel against reading this judgment as a triumph of one or more groups in our society at the expense of another. It is not.โ
In its 88-page ruling, the court added that the โconcept of sex is binaryโ under the Equality Act 2010.
For Women Scotland cracked open a bottle of champagne outside the Supreme Court.
Supporters broke into song to celebrate the historic ruling.
Susan Smith, For Women Scotlandโs co-director, said the group couldnโt predict which way the decision would go.
Smith noted the campaigners were โreally worriedโ it might go the other way.
In a statement outside court, she said:
โToday, the judges have said what we always believed to be the case: women are protected by their biological sex โ that sex is real.
โWe are enormously grateful to the Supreme Court for this ruling.โ
Speaking afterwards, she said:
โDogs and toddlers know what sex is.
โItโs one of the most concrete things in nature.
โSex canโt be changed, but the law had the capacity to make a mess of anything.
โWeโre just really glad common sense prevailed.โ
The Supreme Courtโs ruling was also welcomed by the Equality and Human Rights Commission (EHRC).
Baroness Kishwer Falkner, the EHRCโs chairman, said:
โToday, the Supreme Court ruled that a gender recognition certificate does not change a personโs legal sex for the purposes of the Equality Act.
โWe are pleased that this judgment addresses several of the difficulties we highlighted in our submission to the court, including the challenges faced by those seeking to maintain single-sex spaces, and the rights of same-sex attracted persons to form associations.
โAs we did not receive the judgment in advance, we will make a more detailed statement once we have had time to consider its implications in full.โ
Reacting to the Supreme Courtโs ruling, the UKโs Conservative Party leader Kemi Badenoch said, โYou cannot change your biological sex.โ
โSaying โtrans women are womenโ was never true in fact, and now isnโt true in law either,โ she added.
โThis is a victory for all of the women who faced personal abuse or lost their jobs for stating the obvious.
โWomen are women and men are men: you cannot change your biological sex.
โThe era of Keir Starmer telling us women can have penises has come to an end.
โWell done to For Women Scotland!โ
โHarry Potterโ author JK Rowling, a womenโs rights advocate who lives in Scotland, was among those celebrating the ruling on Wednesday.
Rowling said the ruling would protect โthe rights of women and girls across the UK.โ
It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, theyโve protected the rights of women and girls across the UK. @ForWomenScot, Iโm so proud to know you ๐ด๓ ง๓ ข๓ ณ๓ ฃ๓ ด๓ ฟ๐๐ด๓ ง๓ ข๓ ณ๓ ฃ๓ ด๓ ฟ๐๐ด๓ ง๓ ข๓ ณ๓ ฃ๓ ด๓ ฟ๐ค๐ด๓ ง๓ ข๓ ณ๓ ฃ๓ ด๓ ฟ https://t.co/JEvcScVVGS
โ J.K. Rowling (@jk_rowling) April 16, 2025
Rowling later added:
โTrans people have lost zero rights today, although I donโt doubt some (not all) will be furious that the Supreme Court upheld womenโs sex-based rights.โ
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