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Friday, April 18, 2025

UK Supreme Court to Rule on Legal Definition of ‘Woman’

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Britain’s Supreme Court is set to issue a landmark ruling today on the legal definition of a “woman,” in a case that could significantly impact sex-based rights and the status of transgender women across the United Kingdom.

The ruling stems from a legal challenge by the campaign group **For Women Scotland (FWS)** against the Scottish government. FWS argues that only individuals born female should be recognized as “women” under the law, while the Scottish government maintains that anyone with a **Gender Recognition Certificate (GRC)** is legally considered a woman under the **Equality Act 2010**.

At the center of the case is how the Equality Act interprets the word “woman.” The Act defines a woman as a “female of any age” and offers legal protection from discrimination based on sex, gender reassignment, and other characteristics. The Scottish government argues that this protection extends to transgender women who have a GRC, a legal document granted under the **2004 Gender Recognition Act**.

FWS challenged a 2018 Scottish law designed to increase the number of women in public sector roles, which included transgender women with a GRC. Scottish courts previously rejected FWS’s claim, concluding that sex under the Equality Act is not limited to birth sex.

During the Supreme Court hearing in November, **Aidan O’Neill**, representing FWS, urged the court to prioritize “biological reality over legal fiction.” In contrast, **Ruth Crawford**, counsel for the Scottish government, compared gender recognition to legal adoption, arguing that both should be respected in law.

As of 2024, approximately 8,500 people in the UK have been granted a GRC, averaging about 420 per year.

The upcoming verdict could provide long-awaited clarity on transgender rights and gender identity laws in the UK — and is expected to generate strong reactions from both supporters of gender critical views and trans rights advocates.

Globally, the topic remains highly controversial. In the United States, former President **Donald Trump** has taken a hardline stance on gender, restricting recognition of transgender individuals and curtailing their rights.

In the UK, trans rights reform efforts slowed after the previous Conservative government blocked a Scottish bill that would have simplified the gender recognition process. Although the current Labour government once promised reforms to reduce the bureaucratic burden on transgender individuals, those proposals have not yet materialized in their legislative agenda.

The Supreme Court is expected to deliver its ruling at 10:00 a.m. local time (0900 GMT).

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