2025 Supreme Court Transgender Ruling
On 16 April 2025, to great public debate, the Supreme Court unanimously held that the words “sex”, “woman” and “man” in the Equality Act 2010 refer to biological sex only, in the case of For Women Scotland Ltd v The Scottish Minister [2025] UKSC 16.
The Supreme Court held that those words cannot be properly interpreted to also cover certified sex without rendering them incoherent and unworkable.
What does the 2025 Supreme Court transgender ruling mean?
This 2025 Supreme Court transgender ruling means that a trans woman with a gender recognition certificate (GRC) who is biologically male, but legally female for the purposes of section 9(1) of the Gender Recognition Act 2004 (GRA 2004), is not entitled to be treated as a woman under the Equality Act 2010.
This case was started after the Scottish government included transgender women in its quotas related to gender balance on public sector boards. The campaign group, For Women Scotland, argued that sex based protections should only apply to individuals who are born female.
The Supreme Court held in its judgment that to include certified sex (the existence of a gender recognition certificate) within the definition of “sex”, a “man” and a “woman” would confuse and make a number of the protected characteristics inconsistent and incoherent. The 2025 Supreme Court transgender ruling also determined that as a matter of ordinary language, the provisions relating to sex discrimination, pregnancy and maternity, separate and single-sex spaces, services, associations and charities, and the operation of the public sector equality duty, can only be interpreted as referring to biological sex.
It was held that if “sex” was to be interpreted to include transpeople with a gender recognition certificate then such actions and interpretation would give transpeople with a GRC greater rights than those who do not. It was therefore held by the Supreme Court that this would create practical problems for those fulfilling their obligations under the Equality Act 2010, since there would be no obvious means of distinguishing between the two groups. It would also seriously weaken the protections of those with the protected characteristic of sexual orientation (for example, in relation to lesbian-only spaces and associations).
As widely reported and televised, the lead judge, Lord Hodge made clear that the Supreme Court’s judgment should not be viewed as victory for one side or another but merely an interpretation of what Parliament always intended. Lodge Hodge was clear that the decision of the Supreme Court does not and should not remove or diminish the important protections available to transpeople with a gender recognition certificate under the Equality Act 2010. They are still able to claim direct and indirect discrimination and harassment in relation to both sex and gender reassignment.
The 2025 Supreme Court transgender ruling is in its infancy and there has been a great deal of reporting and debate already which is likely to continue. The decision may create numerous questions and issues across society from schools, to hospitals, to leisure centres and crucially the workplace. The Equalities and Human Rights Commission published an interim update on the practical implications over the weekend of 26 April 2025.
This interim guidance has been described as controversial and has led to political criticism and controversy. The guidance, which it must be stressed is currently an interim piece of guidance, seeks to make clear that trans men and women are not to use single sex facilities which throws up what seems the perennial issue of which toilets and changing spaces should be used at work.
The court’s decision will have wide-ranging implications for employers, service providers, the public sector, associations and charities. At GA Solicitors in Plymouth, we will keep a close eye on the developments in both guidance and the law as the decision sinks in and the implications and consequences become better understood.
If you have any questions related to the 2025 Supreme Court transgender ruling, or on any other area of employment law, then contact our specialist employment team by calling 01752 203500. You can also email me directly via Robert.zacal@GAsolicitors.com.
GA Solicitors’ employment team is recognised in The Legal 500 and has years of experience in dealing with all aspects of employment law.
You can read a previous article, written by employment solicitor Kayleigh Arthurs, about gender reassignment discrimination in the workplace here.
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