The UK Supreme Court has ruled unanimously in favour of defining “woman” on the basis of biological sex under the 2010 Equality Act.
The case was brought forward by campaigners For Women Scotland, who challenged the Scottish Government’s attempt to expand the legal meaning of “woman” to include males who identify as female.
Judges determined that the Scottish Government had acted beyond its powers in trying to redefine a protected characteristic in law.
The ruling confirms that protections based on sex in the Equality Act apply only to those born female.
Supporters say the outcome is a landmark moment for women’s rights across the UK and beyond.
ALBA Women’s Convener Kirsty Fraser welcomed the decision and called for urgent political reflection in Scotland.
She said the judgement backs up what ALBA has stood for since the beginning — that sex-based rights matter and must be defended.
Fraser stressed it was time for political leaders to “recognise that the rights of women merit some attention”.
ALBA’s Depute Leader Neale Hanvey said the legal clarity now provided would be felt worldwide.
He described the ruling as a definitive statement that the protected characteristic of “sex” in the Equality Act refers to biological natal sex.
Hanvey praised the campaigners behind For Women Scotland, naming Marion, Trina and Susan as instrumental in bringing clarity to what he described as a vital legal issue.
Campaigners say the ruling ensures that single-sex spaces, services and opportunities remain legally protected for biological females.
The case arose after Scottish Ministers included trans-identifying males in the definition of woman in relation to public appointments.
For Women Scotland argued that the move undermined the purpose of sex-based protections and contravened existing law.
The Supreme Court agreed, stating that such a change could not be made through secondary legislation in Scotland.
Legal experts say the ruling reinforces the balance between gender identity and sex-based rights under UK law.
Women’s groups across the UK have welcomed the outcome as a win for clarity, fairness and safeguarding.
Critics of the Scottish Government’s stance say the case highlights the dangers of pursuing policies that conflict with established legal definitions.
The ruling is expected to have ripple effects across other areas where sex-based rights are debated, including sport, healthcare, education and criminal justice.
It also raises questions about the Scottish Government’s future approach to gender recognition and equality policy.
Many believe this is a turning point in how rights are balanced and understood in law.
The Supreme Court’s intervention has now set a clear precedent that will be difficult for any government to ignore.
