UK Supreme Court says legal definition of 'woman' excludes trans women, in landmark ruling

https://www.msn.com/en-us/news/us/uk-supreme-court-says-legal-definition-of-woman-excludes-trans-women-in-landmark-ruling/ar-AA1D1cmf?ocid=hpmsn&cvid=14ee218c74ea428ca820caceb2a0b2e0&ei=46

Story by Sana Noor Haq, CNN (16 April 2025)

The United Kingdom's highest court ruled that the legal definition of "woman" excludes trans women, in a case with sweeping consequences for how equality laws are applied.

Britain's Supreme Court ruled unanimously that the definition of a woman in equality legislation refers to "a biological woman and biological sex."

The court was deciding on whether trans women with a gender recognition certificate (GRC) – which offers legal recognition of someone's female sex – are protected from discrimination as a woman under the nation's Equality Act 2010.

A group of campaigners in Scotland brought the challenge in 2018, arguing that those rights should only safeguard those assigned as women at birth. But the Scottish government said that a trans woman with a GRC is legally a woman and should therefore be afforded the same legal protections.

Five judges overwhelmingly ruled in favor of For Women Scotland (FWS) – which proposed that not linking the legal definition of gender to biological sex would have repercussions on designated single-sex services, including changing rooms, hostels and communal accommodation.

"The terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex," Lord Hodge told the court in London. "The provisions relating to sex discrimination can only be interpreted as referring to biological sex," he added.

These are scary times indeed. All you can do is control how you show up in the circumstances and situations you find yourself in, and the more we are able to keep a positive outlook and mind set the more we will see all the good things and positive things that are in our lives, and showing gratitude will allow more positive things to enter our lives.

These times are just a test for us all in our own ways and personal battles. Just like in any book or movie or story the universe tests and challenges the main character right before they level up, to make sure they're ready to step into their true self (and all the positive things that come with living your truth).

We are the main character of our lives. It's up to us to continue to try to stay strong and positive as much as we can so we can show the universe that we're ready, that this test will not break us, but only make us stronger, which will also give us the strength to step into our truest versions of ourselves.

Wise words, Robby. Thanks.
Love the new pic too!

I can't stay upbeat and positive like you girls; all I see, in every country, from every angle, is a fast and constant push to eradicate us, like a darkness growing all around us. Everyday they restrict us even more, chipping away at the tiny space we have in this world; all our pushing back, standing up for our community, the daily fight, it hasn't prevented any of this from happening, on the contrary, the whole country seems united in their hatred of us. I know this is a dark, hopless, defeated perspective, but our fate seems to be only moving in one direction and my heart is solidifying in hate and anger.

Quote from: Sarah1981 on April 16, 2025, 05:31:15 PMI can't stay upbeat and positive like you girls; all I see, in every country, from every angle, is a fast and constant push to eradicate us, like a darkness growing all around us. Everyday they restrict us even more, chipping away at the tiny space we have in this world; all our pushing back, standing up for our community, the daily fight, it hasn't prevented any of this from happening, on the contrary, the whole country seems united in their hatred of us. I know this is a dark, hopless, defeated perspective, but our fate seems to be only moving in one direction and my heart is solidifying in hate and anger.

I gather hope from the thousands of people who attended the Hands Off! rallies that happened recently in every major city across the U.S. We are not alone in this fight. I take comfort in the myriad of court decisions that rule in our favor and block illegal actions by the government, as well as the states that are standing up and passing state laws to protect us.

This fight is not over by a long shot. The People are getting fed up with this Administration, and it is only a matter of time before this nonsense is put to an end.

Hang in there!

It's an appalling and appallingly narrow-minded definition. This reductionism to a certain definition of biology, then extending that back out to cover effectively all sex and gender, is a poison.

The ruling will have huge repercussions on all of us women in the UK. There may be 'outings' and challenges, and I certainly no longer feel safe here.

The Labour Gov't have also proved a bitter disappointment. They are almost worse than the previous administration, kow-towing to a right-wing agenda instead of showing some moral courage.

So I don't know what to do or where to go. I think this may well mean that I leave Britain and try to find safe haven elsewhere.

One question: will the decision be challenged in the European Court of Human Rights? I think I'm right in saying that the UK has not yet left it.

his British Supreme Court decision will not make a direct impact on my life, but, as with the Cass Report, it will embolden conservatives worldwide to further attack Trans Rights. The court action for the anti trans side was supposedly funded by JK Rowling, and it was always an uphill battle to defend.

Most dictionaries defined 'Woman" as Adult Female Human, and Female as having gametes (eggs) which can be fertilised by Male Gametes (Sperm). Within these parameters, the court outcome should have been expected. Of course this excludes many females who cannot produce viable gametes (eggs) for a plethora of different reasons, meaning the definition of Female is wholly inadequate. Genes cannot be relied on as a 46 XY woman has conceived and delivered babies ( https://pmc.ncbi.nlm.nih.gov/articles/PMC2190741/) , so there needs to be a holistic review of traditional definitions to ensure they are accurate and inclusive.

Most laws are written with the traditionally inadequate terminology, and this Supreme Court finding will  encourage governments to bow to pressure to exclude trans people from 'womens' spaces. Trying to argue against the existing terminology is a waste of time and effort. We need to push for new terminologies to include all people with the argument that it is unacceptable to leave entire sectors of people with no legal definition.

Hugs,

Allie

To be honest my morale and hopes are low as well. I'm just another scared little kid pretending to be strong trying to show strength and courage in scary times so that everyone else can hopefully have a better mental state and outlook as well.

It was J K rowling of harry potter fame that headed up the action against the trans movement together with the feminist movement that said the ruling or reason for the case brought by the anti trans movement was about the word woman and the gender recognition certificate, which gave legal status to those that acquire one. It was deemed that the Gender Recognition certificate was unlawful. Trans individuals still have a few legal protections, in UK healthcare we come with an umbrella of different protections from sensitive patients for data to protected characteristics, which cannot be removed  because it references directly transgender so women cannot say it is discriminatory because the actual wording is "gender re assignment is a protected characteristic" so if somebody discriminates against you because you are transgender then they would fall foul of this law.

To say 'I am horrified at this ruling' is an understatement. That the country I used to call home, that I was born in, could with one stupid act deny me basic human rights is down right disgusting.
I have a GRC. On obtaining this I was told that legally I was now considered a woman, that anyone who treated me otherwise or even made reference to the fact that I once lived as a man could be take to court, punished and stopped from that evil discrimination against me..
Now I am being  told that this is not correct - that this does not confer on me some protection of my status, on the contrary, this now highlights me as a target, as a person to discriminate against.
Now, I am being told that if I am searched by police or border guards, it will be performed by males,
If I am hospitalized I will be on a male ward,
I am not allowed to use female changing rooms, bathrooms or even call myself a woman..

My body is feminized, very much so. I had GRS and thus have no secondary or primary sexual characteristics of a male. I am married to a man, have been for a good while now, but in the UK this would be deemed a homosexual relationship, even though my husband is not, and has never been, gay. I live my life as a woman, most people who know me, work with me and interact with me only know me as a woman. No one questions my gender, even my close friends who don't know my full history. Yet, still, the UK would treat me as a man.. if they did this to any other woman, the consequences, the legal fallout would be huge.. but somehow, it is okay to subject me to this kind of abuse. Okay for me to face the indignity of having a man strip search me, or for me to have to use the men's changing rooms.. there is only one word, that is disgusting.

This situation in the UK is frankly idiotic and I am sure in times to come will be viewed in the same vein as other discriminatory acts of men. In the meantime, I am glad I no longer live in that country... I feel sorry for everyone who does, not only my trans friends, but everyone in that country is now living a poorer and less colourful life than before.

There is a British saying - 'If it walks like a duck and quacks like a duck - then, it's a duck!'..  A common-sense approach to life and its classifications.. common sense just needs to be applied here, now, please!
I hope soon this will pass, I hope liberty and fraternity will be installed where now there is fear and loathing. 

Been really out of it the last few days. Only just seeing this now.

I'm disappointed, but not really surprised. Lately it seems like the whole world has flipped on its axis. Probably thanks, in no small part, to everyone's favourite orange-utan deciding he hates trans people. Some trans girl probably had standards at some point and... I'm not even going to finish that sentence.

So... yeah, I'm not surprised. Considering who brought the case... you'd think people would realise that discrimination and treating people as less than is never a good thing but apparently... nope. As long as it's not you who's been discriminated against. As one of my old bosses used to say: "S**t always rolls downhill."

They could rule water was dry. Doesn't stop it being wet. We just have to hang tough until a whole lot of people decide to grow up. It's happened before and it will happen again.

It was a bias one sided judgement, it wont stand up to the law.

I gather that they didn't include any opposing views in the submissions, neither from the trans community nor the medical profession.

In terms of an appeal I think the only recourse is the European Court?

It's appalling and I will have to leave Britain.

My sister stopped calling me Tilly two days ago. It has started.

According to a post by Gender UK all they did was define sex in a legal term as meaning biological sex, nothing against trans folk . The anti trans brigade have twisted it to make it look like they have won something when they have not.

Hi Davina,

You are right of course. However, this is unfortunately not how things are being interpreted and that's where the trouble now lies.

I always knew that ceding ground on the biological question was a recipe for trouble, and now it's showing.

If challenged I'm going to reply that I am biologically female. What are they going to do? Check my chromosomes? As it happens I do have a chromosome variation but that doesn't really matter for any of us.

As it happens I believe anyway that I am biologically female. I know not everyone on here will agree with that. But it all depends on how you define 'biology'. Like most things in life, it's much more complex than, 'does it have a willy' (which is a large clitoris anyway).

If anyone is worried that the follow-up under challenge might be something along the lines of, 'well you don't look or sound female' ... how about replying that you spent some time transitioning male (which is a truth)? That will really throw them.

See what nonsense this ruling is?

The issues are tougher when it comes to legalities, documentation, and records e.g. if you need NHS treatment will you be assigned to a male ward?

I also think there are issues regarding a Gender Recognition Certificate. The purpose of it now is what? Pension changes to sex and gender. Changes to birth certificates. Renewal of passports (Will 'F' be changed to 'M'?)

What about those of us awaiting ops under the NHS? Will they still go ahead.

And another part of the nonsense: what happens to [trans] women visiting Britain? Are their national rights going to be stripped away under the UK ruling?

I agree with @SoupSarah . This stinks. If I can get out of this country, I will.

xx

And my view is that I will be much more militant now about using female spaces, not less.

xx

I agree ,the problem lies with the anti brigade using this against trans folk. How are the female groups going to respond if F to M have to use the ladies room, they didnt think that one through. I will still carry on as I am.

Yes agreed and with all of the comments above.

We need to stick together now especially. Thank goodness Susan's managed to refloat after the outage.

There are two more things that come to mind for me during today's walk and reflection. Both concern surgery.

1. I am more likely now to go for a vaginoplasty than a vulvoplasty. I don't want to give any more reason for someone to claim I am not a woman. And I'm not saying it would ever come to the point of an inspection, but who knows where this dystopian Brave New World will end?

2. I am feeling more likely to go soon to Thailand and have it done privately. Following a death in the family I now have the means to fund this. I could wait another year or more for the NHS Parkside team to come to me but who knows if this ruling will affect state-funded gender surgery in the UK? And the longer I have a bulge below the less confident I now feel under the glare of the sister guards. @SoupSarah I'd be interested in your response on these two points?

I recognise that we should keep calm and try to be level, but it sucks to be in the UK right now. I feel so so sorry for the many younger women like us who are dazed and bewildered.

And I wonder if in any part of the thugs' mindset they entertain the possibility that this will end badly for all of us, themselves included? That's what invariably happens when extremist views become mainstream policy, however briefly.

p.s. I live currently with a cis woman who was considerably more scathing than me. When she saw their images she was very rude about the kind of women who brought this action, which I'd best not repeat. She added, 'well they certainly don't speak for me as a woman or any other woman I've ever met or known.'

Quote from: davina61 on April 17, 2025, 04:45:12 PMIt was a bias one sided judgement, it wont stand up to the law.

I do not know where the case goes next in the UK legal system from their Supreme Court since there are several differences from the US, or if a different fact pattern yields a different decision in a future case. 

Getting a "cleaning up" law through parliament may be an option.