In a ruling that could have sweeping implications for trans people in the United Kingdom, that country’s Supreme Court said that transgender women are not legally defined as “women” under equality law.
All five judges on the high court concurred in a Wednesday decision that the terms “woman” and “sex” under the U.K.’s equality legislation “refer to a biological woman and biological sex,” Judge Lord Patrick Hodge said, reading the judgment.
The ruling is a blow to the Scottish government, which was taken to court by an anti-trans women’s group, For Women Scotland (FWS), over a 2018 Scottish law that includes trans women in its mandate for 50% female representation on government agency boards. The group’s challenge was struck down by a court in 2022, but it subsequently appealed the case to the Supreme Court.
All five judges noted that their decision applied only to the language in the U.K.’s 2010 Equality Act and was not a broader judgment on whether trans women are women. The ruling, Hodge said in his remarks Wednesday, is not “a triumph of one or more groups in our society at the expense of another.”








