News

Landmark ruling: Supreme Court backs biological definition of woman

Published

10 months ago

April 16, 2025

IN A LANDMARK judgment with far-reaching implications, the UK Supreme Court has ruled unanimously that the legal definition of a “woman” in the Equality Act 2010 refers exclusively to biological females. The ruling, delivered on Wednesday (Apr 16), marks a decisive legal victory for gender-critical campaigners and ends years of ambiguity over how the law should treat transgender women in single-sex spaces and public appointments.

The case was brought by the campaign group For Women Scotland (FWS), who challenged the Scottish Government’s policy allowing transgender women with Gender Recognition Certificates (GRCs) to be counted as women on public boards under legislation designed to achieve gender balance.

The Supreme Court ruled that such a definition went beyond the powers of the Scottish Parliament and was inconsistent with the meaning of “woman” under the Equality Act.

Women protest outside the supreme court in London last November (Image: Zuma)

Legal clarity on biological sex

Deputy President of the Court, Lord Hodge, said the justices found that “sex” in the Equality Act refers to a biological woman and biological sex. “Although the word ‘biological’ does not appear in this definition, the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman,” he said.

The judges rejected the argument that sex could be interpreted based on GRCs, calling such a view “incoherent” and “fanciful.” They further warned that allowing a definition of sex based on certification would create “heterogeneous groupings” and undermine the protections the law intends to offer.

Implications for single-sex spaces and policies

The ruling affirms that protections under the Equality Act apply to biological sex, enabling organisations to restrict access to women-only spaces and services — such as domestic violence refuges, rape crisis centres, hospital wards, and changing rooms — based on biological sex rather than legal gender status.

The Court emphasised that the ruling does not diminish the protections transgender people have under the protected characteristic of “gender reassignment,” but clarified that a person’s biological sex cannot be altered by acquiring a GRC for the purpose of the Equality Act.

In a key passage, the judges noted: “A man who identifies as a woman who is treated less favourably because of the protected characteristic of gender reassignment will be able to claim on that basis.”

Government and campaign reaction

A UK Government spokesperson welcomed the decision, saying it “brings clarity and confidence for women and service providers such as hospitals, refuges, and sports clubs.” Former Equalities Minister and now Conservative Leader Kemi Badenoch called it a “victory for women,” adding: “Women are women and men are men: you cannot change your biological sex.”

Mims Davies MP, the Conservative shadow women’s minister, said the government must now “clarify all existing guidance to ensure public bodies understand that sex means biological sex.”

Former SNP MP Joanna Cherry KC, who previously warned that broad definitions of sex could harm women’s rights, said she felt “hugely vindicated” and urged both UK and Scottish governments to implement the ruling into everyday policy.

Lara Brown of the Policy Exchange thinktank said the decision “secured women’s sex-based rights,” adding: “It should never have taken a court case to prove the biological definition of a woman.”

Celebrations and protest

Marion Calder and Susan Smith of For Women Scotland were photographed celebrating outside the Supreme Court, with FWS posting jubilant messages on social media. The group Sex Matters, which intervened in the case, said: “The court has given the right answer: the protected characteristic of sex – male and female – refers to reality, not paperwork.”

However, trans rights campaigners expressed alarm at the wider impact of the ruling. Scottish Trans urged supporters “not to panic,” while Ellie Gomersall of the Scottish Greens said the judgment “undermines the vital human rights of my community to dignity, safety and the right to be respected for who we are.”

Amnesty International, the only trans-inclusive organisation allowed to intervene, warned the case could be the “thin end of the wedge” and potentially erode other rights for transgender people.

Legal background and funding

The ruling concludes a long-running legal battle over the Gender Representation on Public Boards (Scotland) Act 2018, which sought to ensure 50% female representation and included trans women with GRCs in the definition of “woman.” FWS argued this conflicted with the Equality Act’s definition of sex and that Holyrood had exceeded its legislative competence.

Their challenge was dismissed in the Scottish courts before being brought to the Supreme Court. A crowdfunding campaign led by FWS raised £230,000 for legal costs, including a £70,000 contribution from author JK Rowling.

No transgender individuals were allowed to participate directly in the hearings, a decision criticised by some legal commentators, including retired judge Victoria McCloud, who said an international appeal might have been pursued if the case had gone the other way.

Future legislative reform?

While the ruling interprets existing law, it does not itself change legislation. However, it is expected to lead to renewed calls for Parliament to amend the Equality Act 2010 to reflect modern understandings of gender and sex — or to confirm its reliance on biological definitions.

The Equality and Human Rights Commission has previously called for the Act to be clarified, warning that MPs “had not appreciated the consequences for women and lesbians” of the law viewing transgender women with GRCs as legally female.

There are also concerns the ruling may embolden those campaigning to reverse aspects of the Gender Recognition Act 2004, particularly around the legal recognition of acquired gender.

Despite shelving previous reform plans, Labour has indicated it remains committed to protecting transgender rights and is expected to proceed with a trans-inclusive ban on conversion practices later this year.

A moment of reckoning

The Herald understands this decision marks a pivotal moment in UK equalities law, drawing a firm legal distinction between sex and gender identity.

For some, it is a long-overdue return to legal clarity and sex-based rights; for others, it represents a retreat from inclusion and a chilling signal to the trans community.

Lord Hodge concluded the judgment by urging restraint, saying: “This should not be seen as a triumph of one group over another.” Yet as the dust settles on the Supreme Court steps, both sides are preparing for what comes next.

Crime

Man charged with attempted murder after Carmarthen park incident

Published

6 hours ago

February 4, 2026

Tom Sinclair

57-year-old due in court following alleged knife and stalking offences

A MAN has been charged with attempted murder following a serious incident in Carmarthen town centre last week.

Dyfed-Powys Police confirmed that James McKenna, aged 57, from Carmarthen, has been charged with attempted murder, possession of a bladed article in a public place, and stalking.

The charges relate to an incident in Carmarthen Park on Thursday (Jan 29), which prompted a significant emergency services response and caused concern among residents.

Police have not yet released full details of the circumstances, but officers were seen in and around the park area for several hours following the incident while enquiries were carried out.

McKenna is due to appear before Llanelli Magistrates Court on Thursday (Feb 5).

The Herald understands the case involves allegations of both violence and targeted behaviour towards an individual, with stalking listed among the charges.

Public concern

Carmarthen Park is a popular and busy public space used daily by families, dog walkers and joggers, and incidents of this severity are rare.

The news has prompted concern locally, particularly as the alleged offences include possession of a knife in a public place.

Residents have previously raised questions about safety in parks and open spaces across west Wales, especially during darker winter evenings.

Court proceedings

At this stage, the charges remain allegations and the case will now proceed through the courts.

Magistrates will decide whether the case is sent to Crown Court due to the seriousness of the attempted murder charge.

Further details are expected to emerge during Thursday’s hearing.

The Herald will be attending court and will provide updates as they become available.

Crime

Sex offender jailed after living off grid in Pembrokeshire and refusing to register

Published

7 hours ago

February 4, 2026

Court Reporter

Man walked into police station after months avoiding authorities

A CONVICTED sex offender who told police he intended to live “off grid” rather than comply with legal monitoring rules has been jailed after handing himself in at a Pembrokeshire police station.

Christopher Spelman, aged 66, of no fixed address, appeared for sentence at Swansea Crown Court after admitting breaching the notification requirements of the sex offenders register.

The court heard Spelman was released from prison in Dorset on July 4 last year but immediately refused to provide police with an address, despite being legally required to do so within three days.

Instead, he indicated he planned to buy a tent and live outdoors.

Prosecutor Brian Simpson said officers subsequently launched a nationwide search when Spelman failed to make contact with police. Public appeals were issued and his case featured on the television programme Crimewatch.

Detectives believed he had been travelling around the UK using public transport and staying at campsites. He was known to have links to several areas including Merseyside, Manchester, Devon, Cornwall and Hampshire.

His whereabouts remained unknown until January 3 this year, when he walked into Haverfordwest police station and was arrested. It is unclear how long he had been in Pembrokeshire.

Spelman previously served seven years in prison after being convicted in 2014 of 12 counts of sexually assaulting a girl under the age of 14. He was placed on the sex offenders register for life.

The court heard this was not the first time he had failed to comply with the rules. After an earlier release in 2016, he again failed to register his address and avoided police for around five years before being caught.

He has 11 previous convictions for 29 offences.

Defence barrister Andrew Evans described the case as unusual and said his client had long disputed his original conviction and had expressed a wish to live “outside society”.

However, he said Spelman had gradually accepted that he remained subject to court orders and now wanted more stable accommodation and a chance to rebuild his life. The defendant asked the court to impose a custodial sentence so arrangements could be made for his future release.

Judge Geraint Walters noted there were signs Spelman wished to change but warned that any further breaches would result in longer prison terms.

With credit for his guilty plea, Spelman was sentenced to 10 months in prison. He will serve up to half in custody before being released on licence.

Crime

Former Wales rugby star admits Christmas Day drink-driving offence

Published

12 hours ago

February 4, 2026

Sarah-Jane Absalom

Ex-Ospreys captain was almost twice over limit in Pembroke town centre

Former Wales back row Jonathan Thomas has admitted driving through Pembroke town centre on Christmas Day when he was almost twice over the drink-drive limit.

This week Haverfordwest magistrates heard that Thomas, 43, was stopped by officers as he drove his Mercedes CLA 220 along The Green, Pembroke, at around 5pm on Christmas Day.

“The officers were very concerned at the manner of his driving, as the car was being driven erratically and was swerving to the other side of the road,” said Crown Prosecutor Sian Vaughan.

“When Jonathan Thomas got out of the car, the officers could see that he was having difficulty standing and was unsteady on his feet.”

Subsequent breathalyser tests showed Thomas had 62 mcg of alcohol in his system, the legal limit being 35.

Thomas, who has no previous convictions, pleaded guilty to the drink-drive charge and was represented in court by solicitor Jess Hill.

“He has family in the area and had travelled to spend time with them on Christmas Day,” she told the magistrates. “He’s very remorseful for his actions and hugely regrets his decision that day.”

Jess Hill concluded by saying that Thomas is currently “between jobs and living off his savings”.

Thomas, who gave his address as Main Road, Bredon, was disqualified from driving for a total of 18 months.

“The length of your disqualification reflects the fact that you were more than a little bit over the limit,” commented the presiding magistrates when imposing sentence.

He was fined £120 and ordered to pay £85 costs and a £48 court surcharge.

The former Wales back row left his role as Swansea RFC head coach at the beginning of December 2025 as a result of ongoing health concerns. He was forced to retire from playing in 2015 on medical advice after being diagnosed with epilepsy and is one of the 390 former rugby union players currently taking part in a concussion lawsuit against the sport’s authorities.

“Long-standing issues linked to the head trauma have caused me some concern recently and it has been impossible for me to give the role everything it needs,” he said in a previous interview with the BBC.

His rugby career started out with Pembroke RFC juniors before moving to Swansea RFC, which he captained when he was 19. He then joined the Ospreys where, over a ten-year period, he won four league titles and an Anglo-Welsh Cup. He was the youngest player to captain the Ospreys and, at the time of leaving, was the joint highest appearance holder, together with Andrew Bishop, on 188 appearances.

His international career saw him play for Wales at Under-16, Youth, Under-19, Under-21 and Sevens levels. He made his senior international debut against Australia in 2003, featured at the 2007 Rugby World Cup and was part of two Six Nations Grand Slam-winning sides in 2005 and 2008. Between 2004 and 2011, Thomas was included in every Wales Six Nations squad. In his appearances for Wales, he scored seven tries.