UK Supreme Court Ruling: A step backwards for transgender inclusionary healthcare?

On 16 April 2024, the UK Supreme Court delivered a ruling that marks a significant shift in how legal definitions are interpreted within the Equality Act 2010. The Court concluded that the words “woman” and “sex” refer strictly to biological definitions, meaning individuals with a Gender Recognition Certificate (GRC) identifying them as female do not meet the Act’s criteria for “woman”.1 Previously, under the Gender Recognition Act 2004, individuals were treated in accordance with their legal sex, as stated on their GRC, including within healthcare settings.2 Gender reassignment is a protected characteristic therefore discriminating against someone for being transgender is unlawful. However, the ruling adds complexity to how this plays out in practice. Single-sex spaces such as women’s shelters, changing rooms, and hospital wards are now legally permitted to exclude trans women, provided it is justifiable and proportionate.1 This creates a paradox: protected as a woman , but not fully treated as one. It also raised the question for how transgender men will be defined and treated within these spaces.