BAGIS statement on the Supreme Court ruling on the definition of women April 2024

13th May 2025

BAGIS are concerned by the Supreme Court ruling that the definition of “woman” in the Equality Act  2010, is limited to “biological women” and does not include trans women with a Gender Recognition Certificate.

While the ruling makes clear that transgender people remain protected by the Equality Act 2010, this ruling has ethical implications that undermine trans equality and has caused a significant amount of fear and distress to an already marginalised community. 

The ruling considers biological sex as binary and immutable, and repeatedly refers to trans women as biologically male.This view of sex is not supported in the medical literature. Additionally, for those who have undergone medical transition, this is scientifically and medically inaccurate, as well as disrespectful of trans identities. Sexed biological characteristics are bimodal not binary.  The ruling refers repeatedly to ‘certified sex’ as a distinct category when in reality all sex assigned at birth is certified, as it relies on bodily observation not investigation and can be misattributed.  

Although we await further expert interpretation of the ruling, we fear it sets a precedent that could undermine the privacy, safety and human rights of trans people in the UK. We urge organisations against any rapid changes to policy until the ruling is more fully understood. We encourage our members and patients affected by the ruling to seek support if needed.

Finally, we would observe that equality is not a nil sum game, societies and institutions that promote the rights of disadvantaged and minority groups generally, expand the rights and freedoms of us all.