Prime Minister Sir Keir Starmer has signalled his support for the UK Supreme Court’s recent ruling, which clarifies that under the 2010 Equality Act, the term “woman” refers specifically to biological women. The ruling has significant implications for the rights of transgender people and how public bodies interpret single-sex spaces.
Asked by BBC News whether Starmer still considers transgender women to be women, his official spokesperson replied: “No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman. That is set out clearly by the court judgment.”
The Supreme Court’s 88-page judgment, delivered on 16 April, concluded that the protected characteristic of “sex” under the Equality Act is rooted in biology. Delivering the verdict, Lord Patrick Hodge stated: “The unanimous decision of this court is that the terms woman and sex in the Equality Act refer to a biological woman and biological sex.”
While affirming that trans individuals remain protected from discrimination under the law, the justices stressed that the ruling should not be seen as a victory for one societal group over another. “It is not,” added Lord Hodge.
The decision is expected to have broad implications, particularly concerning public policy, inclusion, and access to single-sex spaces. Already, the British Transport Police have updated their guidelines, allowing male officers to strip-search trans women suspects. Similarly, the Equality and Human Rights Commission has warned the NHS could face legal consequences if it fails to amend its policies accordingly.
Following the decision, demonstrations have taken place across the UK, highlighting concerns over the ruling’s impact on trans and non-binary individuals.
Speaking to the BBC, Prime Minister Starmer welcomed the ruling, saying: “I’m really pleased the court has clarified the position. We can move on from there, and that’s very helpful. I welcome that.” He further added, “A woman is an adult female,” noting that the court had now “answered that question”.
His comments mark a significant shift from previous Labour Party policy. In 2020, Labour supported self-identification for trans people. However, by 2023, the party had moved toward a more cautious approach, maintaining a requirement for a medical diagnosis of gender dysphoria as part of any reform to the Gender Recognition Act.
Equalities Minister Bridget Phillipson echoed Starmer’s sentiments, stating on BBC’s Today programme that access to facilities should be determined by biological sex. “That would apply right across the board to all single-sex provision,” she said, adding that she was “glad that’s been cleared up”.
Phillipson, who previously managed a women’s refuge, said the decision would now allow service providers to confidently deliver single-sex spaces “for biological women”. Her current stance appears firmer than last June, when she called for “common sense solutions” and a “practical” approach to the issue.
The legal challenge that led to the ruling was brought by the campaign group For Women Scotland, supported by author JK Rowling. It arose after a lower court found that sex was not limited to biology. The group had sought clarification on whether a person holding a full Gender Recognition Certificate—legally recognised as female—could be considered a “woman” under the Equality Act.
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