The Supreme Court Ruling on the legal definition of a woman

On 16th April 2025 judges at the UK Supreme Court ruled that a woman is defined by biological sex under equalities law. This is a landmark ruling and is significant to those being supported and working in the homelessness sector.

Background

The court case, For Women Scotland Ltd vz Scottish Ministers originated as a challenge against the Scottish Government’s definition of a woman in relation to gender quotas on public boards. The Scottish Government held that a Gender Recognition Certificate (GRC) defined a person as a woman under the Equality Act. This ruling has reversed this, finding that the legal definition of a woman is defined by biological sex, meaning it excludes transwomen (where they were assigned male at birth).

What this means

This ruling has potentially significant implications for single-sex spaces including hostels, supported accommodation and other homelessness services. However, it is vitally important to remember that this ruling does not remove protections for transgender people under the Equality Act. Transgender people should therefore be treated fairly based on their gender identity.

Going forward

This ruling has highlighted the challenge between the legal definition of a woman and trans rights and time is needed to fully understand how this now translates to policy and practice. Homeless Link are in the process of reviewing the ruling and consulting with the sector and will provide further information and advice as soon as possible. There is interim guidance from the Equality and Human Rights Commission but please note that there is no need to make any immediate changes to service delivery right now.

Supporting trans people

Trans people may be feeling especially vulnerable at this time so please see our guidance on how you can best support people

For specific support, contact https://switchboard.lgbt/contact-us

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Alex Smith

Senior National Practice Development Project Manager (Housing First Lead)

Alex is a Senior National Practice Development Project Manager leading Housing First England.