On 16 April 2025, the UK Supreme Court (UKSC) handed down its ruling in the For Women Scotland Ltd v The Scottish Ministers case on the meaning of ‘sex’ in the Equality Act 2010. Immediately, the internet exploded with celebratory posts from transphobic so-called ‘women’s rights’ groups and figures. These were contrasted with posts from angry (but unsurprised) leftists and queer rights advocates calling for protests.
J. K. Rowling posed with a cigar and drink in hand in celebration, saying “I love it when a plan comes together” in a post on X. The co-directors of ‘For Women Scotland’ (FWS), Susan Smith and Marion Calder, responded to the ruling by clinking glasses of champagne in front of a banner reading “women are born, not some bloke with a form” — a jab at the Gender Recognition Certificates (GRC) that legally recognise a trans person’s gender identity, rather than their gender assigned at birth in the UK. GRCs, although infamously and intentionally difficult to receive, had previously allowed trans women to count as women under the Act.
The decision has triggered a snowballing of new announcements, guidance, policies, and an uptick in harassment of trans people across the UK. As put by ‘Stand For Trans Liberation’, a UK-based action group, “the Supreme Court decision on Trans Identity is more than a simple clarification on wording, it’s an attempt to push trans people out of public life completely.” With this being just one part in a global trend to backtrack on trans rights, its developments could shape further changes globally. Here’s what you need to know.
The UKSC’s case and decision
This case originally arose in response to the Scottish parliament passing the Gender Representation on Public Boards (Scotland) Act 2018, alongside an amendment ensuring trans women would be included under the Act, regardless of GRCs. FWS launched a judicial review, leading the Scottish parliament to only recognise transgender women with a GRC as women. Dissatisfied, FWS launched further judicial reviews on the definition of “woman” which were dismissed, resulting in FWS escalating the case to the UKSC.
The outcome of the UKSC judgement was that the terms “woman,” “man,” and “sex” in the Equality Act 2010 refer exclusively to “biological” sex. This means the Scottish parliament’s attempt to widen the definition of woman to include trans women with a GRC is now unlawful. This means even trans women with GRCs are no longer considered women for the purposes of the Act. The court justified this by citing “practical difficulties” in single-sex spaces like change rooms, hostels, and hospitals, from which trans women can now be denied access if “proportionate”.
Developments and implications
The UK’s Equality and Human Rights Commission (EHRC) has issued interim guidance on the ruling which may restrict transgender individuals’ access to single-sex spaces aligned with their gender identity. These spaces include bathrooms, hospital wards, and sports teams. The EHRC stated trans women “should not be permitted to use the women’s facilities” in workplaces or public-facing services. Scottish Trans argues that this risks outing trans people and is in breach of Article Eight of the European Convention on Human Rights, which guarantees the right to privacy.
The UK Prime Minister, Keir Starmer, and his Labour party immediately legitimised the judgement. Despite affirming that “transwomen are women” back in 2022 as leader of the opposition, Starmer’s official spokesman now says, “the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman” and affirmed their stance that transgender women are not women.
Relative to the resulting guidance for public bodies, the British Transport Police have used the ruling to advise that same-sex searches in custody would be conducted “in accordance with the biological birth sex of the detainee” — meaning that any trans woman will now be strip-searched by male police officers, and vice versa for trans men.
These developments are symbolic of what Trans Liberation Cambridge said on the day of the ruling, “this reaffirms what we already knew: the state and the courts are not our friends. They will not protect us when it is not politically expedient.”
Calling the attempt to segregate trans people in public spaces “almost certainly unlawful” and outlining that it is not statutory, TransActual have also cautioned people to “expect an uptick in violence” against all women. This violence will be disproportionately wielded against trans and gender non-conforming cisgender women alike. As expected, more and more videos are circulating online of people stalking others suspected of using the “incorrect” bathroom. Labor MPs Kate Osborne and Dawn Butler have both separately raised concerns about butch lesbians being misgendered and questioned in bathrooms, which was prevalent before the judgement and even more so now.
Fighting back
The anger and fear caused by the ruling has channelled into action on the streets throughout the UK. On 19 April, just three days after the ruling, it is estimated that more than 20,000 people joined the snap protest in London. A spokesperson from Trans Kids Deserve Better told Attitude Magazine “today we pooled together 10 times more people than we expected to show up… [with] unions, grassroots trans organisations, and many other groups” coming together to oppose their government, police force, transphobia, and the UKSC ruling.
Such community-driven actions and displays of power are what many queer activist groups are now calling for. Stand For Trans Liberation has highlighted “the importance of mutual aid and community organising to mount resistance and affirm each other’s right to joyful lives”, emphasising the need to support one another, build community, and to channel one’s anger into action.
Workers and institutions are taking a stand too. Resident doctors working in the NHS as well as the British Medical Association’s (BMA) have condemned the ruling as having “no basis in science or medicine”.
The ruling may only apply to the Equality Act, but its effects are rapidly spreading across UK law, policy, and public opinion. It is clear that this is not just about definitions — it’s about trans and queer people’s right to exist safely in public, or at all. The response needs to continue to be proportional to this existential threat, and we should be aware of a domino effect of legal challenges and increased bigotry across the world.
