UK’s top court to make powerful ruling on who can legally be called a ‘woman’

On Wednesday, April 16, the UK Supreme Court is set to deliver a historic decision that could redefine who is legally recognized as a woman across the country — and it’s sparking big conversations.

The ruling is the latest twist in a legal battle between the Scottish government and the campaign group For Women Scotland (FWS), a gender-critical organization that believes only those born female should be protected under the legal definition of “woman.”

At the center of the case is the Equality Act 2010, which protects against discrimination based on sex, gender, and gender reassignment. The law currently defines a woman as a “female of any age.” The big question is: Does that include trans women who have a Gender Recognition Certificate (GRC)?

Why this ruling matters:

If the Supreme Court sides with FWS, it could limit the legal protections and access trans women currently have — especially in single-sex spaces like women’s shelters, restrooms, and support centers.

LGBTQ+ groups are deeply concerned. They warn the decision could strip away rights and increase discrimination against transgender individuals.

The legal journey so far:

Back in 2018, Scotland passed a law to encourage more women — including trans women with a GRC — to be appointed to public sector boards. FWS challenged that definition in court, arguing that sex refers only to biological sex at birth.

The Scottish court rejected their claim in 2022, saying that legal sex under the 2004 Gender Recognition Act could include trans women. That ruling said sex was “not limited to biological or birth sex.”

But FWS appealed, and now the Supreme Court will have the final say.

Arguments from both sides:

• Ruth Crawford, a lawyer for the Scottish government, said trans women with a GRC deserve equal protection:

  “A person who becomes a woman in consequence of a GRC is entitled to the same rights just as much as others… recorded as a woman at birth.”
  She compared it to adoption — calling the GRC “no more a legal fiction than adoption.”

• Aidan O’Neill, arguing for FWS, said the court must consider “biological reality” over legal constructs:

  “We must take account of the facts of biological reality rather than the fantasies of legal fiction.”

A decision with wide ripple effects:

Only about 8,500 people in the UK have obtained a GRC since 2004 — that’s around 420 people a year. But despite the relatively small number, the case touches on major national and global debates about gender identity, legal rights, and societal inclusion.

The decision is expected to bring clarity — but it may also ignite strong emotions. JK Rowling, who lives in Scotland and supports gender-critical views, has faced both backlash and praise for her stance.

As the UK awaits this ruling, it joins a broader international debate. In the U.S., former President Donald Trump has promised to legally define sex as male or female only, rejecting transgender identities — while the current UK government under Labour has slowed down its previously proposed gender law reforms.

What’s next:

The ruling is due at 10:00 am (UK time), and no matter the outcome, it’s likely to reshape how gender identity and sex-based rights are understood and protected in Britain.

Stay tuned — this one’s going to make headlines.