The Supreme Court has ruled that the term sex refers to biological women in the Equality Act, in a verdict that quickly reignited deep Labour divides over trans rights.
Trans rights campaigners within Labour warned the government should not “row back on the trans-inclusive spirit” of the act despite the verdict, but gender-critical Labour campaigners said the party must instead “review all existing policies to bring them in line with this ruling and common sense”.
Meanwhile Labour peer and former women and equalities minister Harriet Harman, also chair of the Fawcett Society, said the verdict “correctly interprets” current legislation and ministers’ intentions when it was drafted under the last Labour government. ”
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At the heart of the case was a decision by the Scottish government, then led by the SNP, to count trans-women with gender recognition certificates as women as part of legislation to establish gender quotas for public boards.
The issue was challenged in the courts twice by gender critical campaigners – who lost twice – until the matter was escalated to the Supreme Court in London.
Today, the court unanimously ruled in favour of the appeal brought by the gender rights campaigners.
Scottish Labour Equalities spokesperson Paul O’Kane said: “Scottish Labour has always called for the protection of single sex spaces on the basis of biological sex, as provided for in the Equality Act. This court ruling should of course be respected, and as Lord Hodge said this must not be read as a triumph of one or more groups at the expense of another.
“Now that we have this clarity, the SNP Government must now provide clear guidance for Scottish public services so they can implement the Equality Act properly and uphold the rights and dignity of all.”
The verdict will be welcomed by some Labour activists but come as a significant blow to others, marking the latest in a series of setbacks for trans rights campaigners.
‘Labour must not row back on Equalities Act’
Chloe Brooks, Young Labour national LGBT+ Officer, said: “My heart goes out to young trans women across the UK.
The Labour party must not row back from the trans-inclusive spirit of the Equalities Act, and I will continue to advocate for the trans community in the party.”
A spokesperson for the campaign group Labour for Trans Rights said: “The Supreme Court’s decision is disappointing, and a result of ceaseless lobbying from a well-funded anti-trans network with close links to the the global far right.
“Labour must not follow the example of Donald Trump, and must instead protect the Equality Act – one of Labour’s proudest pieces of legislation – and its legal protections for trans people. The Labour Party must stand firmly behind the LGBT+ community.”
It comes only a few months after the government indefinitely extended a ban on puberty blockers for transitioning children, and party sources told The Guardian Labour had effectively “mothballed” an manifesto pledge to make it easier for transgender people to transition. The party had already dropped past plans for a self-ID system of gender change in opposition.
But Labour MP welcomes ‘clarity’
Reading the verdict, UK Supreme Court judge Lord Hodge stressed the law still gives protections to trans people against discrimination or harassment under the Equality Act, however, and said the decision should not be viewed as a “triumph of one or more groups in our society at the expense of another”.
But the decision will be welcomed by long-standing gender-critical campaigners within the party, some of them sidelined only a few years ago.
The gender-critical campaign group Labour Women’s Declaration issued a “huge congratulations” to the For Women Scotland campaign group which brought the case:
Congratulations to @ForWomenScot for this unequivocal win at appeal!
Women’s & lesbians' rights are human rights. They do not impinge on others' rights.@UKLabour Gov & public bodies must now review all existing policies to bring them in line with this ruling & common sense. pic.twitter.com/LwUIokuLSC
— LabourWomen’sDeclaration 🦖 (@LabWomenDec) April 16, 2025
Labour MP Tonia Antoniazzi re-posted the LWD statement on social media, and posted a short message herself on the verdict: “Finally clarity for all.”
She told LabourList: “I am really pleased that now we have the Supreme Court judgement we now have the clarity that will protect everyone properly.
“Now provisions should be made appropriately for single sex services for in our public services, especially in the NHS.”
Another MP, Joani Reid, shared a post by For Women Scotland celebrating the verdict, adding: “Whoop whoop”.
The Labour-turned-independent MP Rosie Duffield posted an even shorter message on X: “Phew!”
LGBT+ Labour, the party’s official affiliate, was approached for comment.
A recently formed unaffiliated splinter group, LGB Labour, said that “the rights of lesbians, gay men and bisexual people have been restored today,” suggesting their rights had been “eroded in recent times”.
They said that LGBT+ Labour should “now accept that LGB rights matter equally and separately alongside trans rights”.
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