A new ruling by the Supreme Court in the UK says the legal definition of a woman is rooted in biological sex, rather than what gender a person identifies as, when it comes to the Equality Act 2010.
It's a decision that has left many in the trans community understandably disheartened, concerned and with a lot of questions.
The court's verdict could change how single-sex spaces and services operate throughout England, Scotland and Wales.
Judge Lord Hodge, presiding over the case, sought to reassure the trans community and said the decision was not "a triumph of one or more groups in our society at the expense of another".
Currently, trans women can already be excluded from certain spaces if those in charge hold the opinion that there is a legitimate reason and purpose to do so– or, in legal terms, if there is "a proportionate means of achieving a legitimate aim". Women's Aid in Edinburgh, as one example, recently stated trans women could no longer use its services including refuges or support groups.
Women’s Aid previously explained its priority is to support survivors who have been “subject to male violence and abuse, [and who] need access to support and accommodation in single-sex spaces as this reduces their distress and trauma”.
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It added that “some members conclude it is not appropriate to include trans women (including those with a Gender Recognition Certificate) in women-only shared spaces. We support their right to make this assessment, as long as they do so lawfully.”
It added that it “will [continue to] engage with respectful discussions about sex and gender and access to services” and review policies.
While the government says it’s difficult to know the exact number of trans people in the UK, the most recent official estimates put the figure as being somewhere between 0.2 and 0.7% of the population – a distinct minority.
Yet, sadly, further data suggests 41% of trans men and women have been victims of gender-related hate crimes in the last year. Home Office figures also suggest that there has been a 70% rise in hate crimes targeting trans people since 2020.
What is the Equality Act 2010?
The Equality Act 2010 was designed to protect minority groups and people with nine specified characteristics from discrimination, and as well as ruling that it's unlawful to harass or discriminate against someone on the basis of their sex. It also states the same is true for those who have undergone gender reassignment. Meaning, trans people ought to still be protected from discrimination under the Act. But at this stage, it's a little confusing and not super clear what this new court verdict could mean on a wider scale, leaving a lot of room for fear and confusion.
Some trans groups and individuals have expressed concern that other same-sex spaces, which can encompass everything from women's sports teams to changing rooms to hospitals, could now more easily exclude trans women (who have a Gender Recognition Certificate identifying them as a woman) without it being seen as discriminatory under this specific law.
The same law also states that it's illegal to discriminate against someone based on their age, if they have a disability, a person's race, their marriage, their religion, sexual orientation and if they are pregnant.
Why the ruling came about
The verdict was delivered following a years-long campaign launched in 2018 by a group known as For Women Scotland (FWS), who challenged the inclusion of trans women (with or without a Gender Recognition Certificate) within the 50% female quota required on public boards in Scotland.
For Women Scotland describes itself as a group "working to protect and strengthen women and children's rights" and it received a £70,000 donation from Harry Potter author J. K. Rowling while campaigning for funds.
The public boards quota was introduced with the aim of addressing gender imbalances, and FWS argued that by allowing trans women to be included in said quotas, cisgender women were being discriminated against. This prompted FWS to challenge the legal system to more clearly define 'sex' under the Equality Act 2010 – or to put it more colloquially, 'what counts as a woman'.
Initially the court battle began in Scotland but ended up being escalated to the UK's highest court.
It is important to note that trans people were not represented during the two days of legal arguments in November 2024.
What does this mean for trans people?
These conversations often centre on trans women in female spaces, seemingly to stoke fear and division. But it's not only trans women who are worried about the implications of this ruling, but trans men too – who often aren't as big a focal point when it comes to social media discourse and culture wars.
Some trans people have shared concerns that they'll no longer be allowed to use their gym changing rooms, women's toilets in public spaces (such as at the theatre or a music venue), and that this ruling might impact their ability to be hired for a job. Others have said they fear this could be the start of other trans rights being rolled back in the UK, along with open discrimination ramping up and going unchecked.
The ruling states that this is not the intended purpose, and that nothing about it should "discourage the appointment of trans people to public boards or minimise the importance of addressing their under-representation on such boards".
It adds that sex and gender recognition "are separate bases for discrimination and inequality".
What are people saying about it?
The UK Government
A spokesperson said following the decision that it helps to provide clarity for service providers and places such as hospitals and refuges. "We have always supported the protection of single-sex spaces based on biological sex. This ruling brings clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs.
"Single-sex spaces are protected in law and will always be protected by this government."
Nadia Whittome
Labour MP Whittome said shortly after the ruling, "I share the deep disappointment in today's Supreme Court ruling, and the concerns about what this will mean for trans women going forward. Today and every day, I stand in unwavering solidarity with the trans community.
"We must never stop fighting for trans rights."
Susan Smith
The co-founder of For Women Scotland said she was pleased with the court’s decision. "Today the judges have said what we always believed to be the case, that women are protected by their biological sex. Sex is real and women can now feel safe that services and spaces designated for women are for women and we are enormously grateful to the supreme court for this ruling.”
Juno Dawson
Author and activist, Juno Dawson, a trans woman shared a statement on Instagram: "While judges and obsessed transphobes spend millions deciding what the word woman means, I want every trans person and their friends to get offline and go for a cup of tea and a little cake.
"I am a woman today, I was a woman yesterday, I will be a woman tomorrow."
Dawson added, "A judge who wouldn't ever hear from a single trans person doesn't know us better than we know ourselves. We are who we say we are, and they are very sad people."
Scottish Trans
The Edinburgh-based charity encouraged the trans community to remain calm and not panic, as it is not yet clear how the ruling could impact trans women and trans men.
"We are really shocked by today's Supreme Court decision – which reverses twenty years of understanding on how the law recognises trans men and women with Gender Recognition Certificates. This judgement seems to have totally missed what matters to trans people – that we are able to live our lives, and be recognised, in line with who we truly are."
Deborah Frances-White
Host of the Guilty Feminist podcast and author, Frances-White posted a statement sharing her support for the trans community. "You know who you are. That is a reality no one can take away. As an adoptee – I am my mother's daughter. No ruling could tell me otherwise. Biology isn't the most important thing there either."
Ella Morgan
Speaking exclusively to Cosmopolitan UK, trans activist and reality star Morgan sought to highlight that trans people make up less than 1% of the population and face high levels of discrimination and abuse.
"There seems to be millions around the world who have never lived a day in our shoes that want to dictate and comment on [how] we should be seen and defined," she said when reflecting on the ruling.
"For all of my transgender community who have felt the heaviness and sadness I have felt today, do not give up hope. We can come together and see this change overruled," Ella continued. "There are so many amazing allies that have reached out to me today to share their anger towards the changes, and that gives me hope that this will not be the end and that the government will listen to us and what is right.
"Women’s safety is incredibly important to me, and I want to ensure we work together across the board to make the changes that we need within society for everyone to feel comfortable and happy."
Stonewall
The LGBTQ+ charity, Stonewall, said through its Chief Executive, Simon Blake, "It will be incredibly worrying for the trans community and all of us who support them.
"It’s important to be reminded that the Court strongly and clearly re-affirmed the Equality Act protects all trans people against discrimination, based on gender reassignment, and will continue to do so. Once we read and fully digest the judgement, we will work with stakeholders across all sectors to provide as much clarity as possible."
Maggie Chapman
One Scottish Greens MSP described the ruling as "deeply concerning ruling for human rights" and "a huge blow to some of the most marginalised people in our society".
Chapman pointed out that it could "remove important protections and will leave many trans people and their loved ones deeply anxious and worried about how their lives will be affected and about what will come next.
"Trans people just want to be able to live their lives like any of us, without the fear of prejudice or violence, but today they have been badly let down."
Harriet Harman
A former Labour MP involved in the drafting of the Equality Act 2010 said she agrees with the ruling but caveated that trans people ought to only be excluded from single-sex spaces where ‘necessary’.
"Single sex spaces for women are important and can exclude trans women but only where necessary. The Act, [and] ruling, protects rights of women while also respecting the rights of trans women."
Munroe Bergdorf
The former Cosmopolitan UK cover star urged her followers to check in with trans loved ones following the Supreme Court ruling. "Cisgender friends, family and allies. Please check in on your transgender loved ones. Today’s Supreme Court ruling feels really heavy, uncertain and quite frankly, f*cking dark.
"A lot of us are feeling overwhelmed, anxious and struggling to remain hopeful under what feels like an endless barrage of systemic hatred. It means a lot to see people posting in support of the trans community. But there really is no substitute for picking up the phone, connecting with somebody, and letting them know that you are there for them personally."
Nicola Coughlan
Posting a video to her followers, Bridgerton star Coughlan said she was "horrified" by the court's verdict. "To see an already marginalised community being further attacked and being attacked in law is really stomach-churning and disgusting and to see people celebrate it is more stomach-churning and disgusting."
She also highlighted a fundraiser she'd be supporting with Not A Phase, a UK charity that supports trans and gender diverse people, and pledged to match all donations raised up to £10,000. "I would urge you to donate and share, and if you're a cisgender person who is an ally of a trans person, now is the time to speak up [...] Let your trans, non-binary friends and the community at large know that you're there for them and will keep fighting for them."
She later added on her Instagram Stories: "I have never been made to feel unsafe by a trans person. The only people I've ever been made [to] feel unsafe by are cis people. You're not fighting for women's rights. You don't speak for me. Bigotry is bigotry."
Jameela Jamil
Commenting on an ITV News clip, showing members of FWS celebrating, actor and presenter Jamil pointed to the wider political landscape at play right now. "Transphobia historically always peaks during a rise of fascism. Worth reading into the way the Nazis treated trans people," she said. "Also worth considering the likelihood that this paves the way to repressing gay rights. This is a pipeline to oppression far beyond any threat of the smallest population of the country having access to women’s spaces."
For support, Switchboard LGBTQIA+ is available from 10am to 10pm every day. You can talk things through with another LGBTQIA+ person via phone on 0800 0119 100 or email (hello@switchboard.lgbt).
See more about Cosmopolitan UK's work in support of trans rights here.
Jennifer Savin is Cosmopolitan UK's multiple award-winning Features Editor, who was crowned Digital Journalist of the Year for her work tackling the issues most important to young women. She regularly covers breaking news, cultural trends, health, the royals and more, using her esteemed connections to access the best experts along the way. She's grilled everyone from high-profile politicians to A-list celebrities, and has sensitively interviewed hundreds of people about their real life stories. In addition to this, Jennifer is widely known for her own undercover investigations and campaign work, which includes successfully petitioning the government for change around topics like abortion rights and image-based sexual abuse. Jennifer is also a published author, documentary consultant (helping to create BBC’s Deepfake Porn: Could You Be Next?) and a patron for Y.E.S. (a youth services charity). Alongside Cosmopolitan, Jennifer has written for The Times, Women’s Health, ELLE and numerous other publications, appeared on podcasts, and spoken on (and hosted) panels for the Women of the World Festival, the University of Manchester and more. In her spare time, Jennifer is a big fan of lipstick, leopard print and over-ordering at dinner. Follow Jennifer on Instagram, X or LinkedIn.
