News

Landmark ruling: Supreme Court backs biological definition of woman

Published

1 year 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.

News

Parties make final push as Wales prepares to vote in historic Senedd election

Published

16 hours ago

May 6, 2026

Tom Sinclair

Campaign leaders criss-cross country in last-minute battle for crucial votes

WALES heads to the polls tomorrow (Thursday, May 7) after a frenetic final day of campaigning that saw party leaders, candidates and activists make one last push to win over undecided voters in what is being described as the most unpredictable Senedd election in modern Welsh history.

With polling stations due to open at 7:00am, parties spent Wednesday targeting key battleground constituencies across the country, including the new Ceredigion Penfro seat, amid growing expectations of a fragmented Senedd and a dramatic shake-up in Welsh politics.

The election is the first to be held under Wales’ new expanded Senedd system, with 96 Members of the Senedd being elected across 16 large constituencies using a proportional closed-list voting system.

Reform UK appeared to finish the campaign with significant momentum following a major rally on Tuesday attended by party leader Nigel Farage. The event drew large crowds and considerable online attention as Reform attempted to convert strong polling figures into seats in Cardiff Bay for the first time.

Farage used the rally to attack both Labour and Plaid Cymru, while positioning Reform as the party of “change” for disillusioned voters. Reform campaigners have focused heavily on immigration, cost of living pressures and opposition to what they describe as “wasteful government spending.”

Plaid Cymru leader Rhun ap Iorwerth spent the final day presenting his party as the main alternative to both Labour and Reform UK, insisting Plaid could “build a fairer Wales” while warning against what he described as “divisive politics.”

Labour figures, including First Minister Eluned Morgan and deputy leader Huw Irranca-Davies, urged voters not to “take risks” with public services, arguing only Welsh Labour could protect the NHS and local councils during a period of economic uncertainty.

Labour activists were heavily focused on turnout operations in traditional strongholds, amid polling suggesting the party could lose ground after decades as the dominant force in Welsh politics.

The Conservatives attempted to rally core voters with warnings about both Labour and Reform, while also focusing on farming, the rural economy and healthcare waiting lists.

In west Wales, Conservative candidates Paul Davies and Sam Kurtz spent the day meeting voters and carrying out final campaign visits across Pembrokeshire and Ceredigion, arguing their experience and local knowledge would be important under the new electoral system.

The Liberal Democrats and Green Party also maintained visible campaigns in several areas, hoping tactical voting and the proportional voting system could help them secure representation.

Across Wales, campaign teams handed out leaflets outside transport hubs, supermarkets and town centres, while social media campaigning intensified throughout the day.

Political analysts believe turnout could prove decisive, particularly because the new voting system means relatively small shifts in support could determine the allocation of the fifth and sixth seats in many constituencies.

The campaign has been dominated by debates over the NHS, farming, the economy, transport, tourism and the rising cost of living, alongside concerns about the future direction of Welsh devolution.

Polling stations open across Wales from 7:00am until 10:00pm on Thursday, with counting due to begin on Friday morning.

The Herald will provide live election coverage online throughout polling day and count day, including updates from count centres, candidate interviews and reaction as results emerge from across west Wales and the rest of the country.

News

Plaid Cymru projected to lead Senedd as Labour faces historic collapse

Published

16 hours ago

May 6, 2026

Tom Sinclair

Final poll suggests Welsh politics could be on the brink of a major realignment

PLAID CYMRU is on course to become the largest party in the Senedd, according to the final YouGov MRP projection for ITV Cymru Wales before polling day.

The model suggests Labour’s century-long dominance of Welsh elections could be coming to an end, with Plaid projected to win 43 seats in the newly expanded 96-member Senedd.

Reform UK is forecast to finish second on 34 seats, while Labour is projected to fall to just 12.

The poll, based on responses from more than 4,600 adults between April 25 and May 4, puts Plaid Cymru on 33% of the vote, ahead of Reform UK on 29%. Labour is on 12%, the Conservatives on 9%, the Greens on 8% and the Liberal Democrats on 6%.

Labour facing major losses

The projection points to a dramatic collapse in Labour support across Wales.

YouGov’s central estimate would represent a notional loss of 32 seats for Labour compared with the 2021 result under the new electoral system.

It would also be Labour’s worst result at any major Welsh election since 1906.

The model suggests Labour may fail to top the poll in any of the 16 new Senedd constituencies, and could return no members at all in four of them.

In west Wales, Labour’s support is projected to have fallen into single figures in some areas.

First Minister Eluned Morgan, who leads Labour’s list in Ceredigion Penfro, could also be at risk if the projection proves accurate.

Reform surge

Reform UK is projected to make major gains, rising from just 1% of the vote in 2021 to 29% in the final pre-election model.

The party’s support appears to be spread widely across Wales, though it is weaker in Cardiff and strongest in parts of the south Wales valleys.

One of the most striking projections is in Pontypridd Cynon Merthyr, which includes the Merthyr Tydfil area where Keir Hardie was elected as Wales’s first Labour MP in 1900.

There, YouGov’s central estimate puts Reform UK narrowly ahead on 34%, Plaid Cymru on 33%, and Labour on 14%.

Smaller parties

The Conservatives are projected to win just four seats, which would be their weakest devolved election result.

That would leave them one short of the five members needed to form an official political group in the Senedd.

The Greens are forecast to enter the Senedd for the first time, winning two seats in Cardiff.

The Liberal Democrats are projected to win one seat in Brycheiniog Tawe Nedd, keeping Jane Dodds in the Senedd.

No majority expected

No party is projected to win the 49 seats needed for an outright majority.

YouGov’s modelling suggests Plaid Cymru would be best placed to lead the next Welsh Government, but would probably need support from another party.

Plaid and Labour together reach a majority in most of the model’s simulations, while a Plaid-Green arrangement does so far less often.

A Reform-Conservative majority appears unlikely in the projection.

Under the new D’Hondt voting system, small movements in vote share could still make a significant difference, particularly for the final seats in each constituency.

Polling stations open tomorrow, Thursday, May 7.