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Anti-gender policies do not protect us: Reflecting as feminists on the recent UK Supreme Court ruling on who is a “woman”
(Published in Sexual and Reproductive Health Matters blog, 24 April 2025)Introduction
On 16 April 2025, the UK Supreme Court ruled that the term “women” in the 2010 Equality Act is limited to those who are “born as women.”[2] The court claims that it does not seek to define the term in general, and asserts that its interpretation is limited to the use of the Equality Act.[3] They claim that they sought to find a meaning for the term “woman” that is “constant and predictable”.
However, it is evident from press coverage and public reaction, that this so-called “limited” definition of who is a “woman” will have much wider currency. It is hard to conceive of this ruling being of “limited” consequence when the court’s ruling was made in a highly polarized context, with large groups of women’s rights activists cheering, weeping tears of joy, embracing each other triumphantly, and celebrating with champagne.[4]
In reality, this recent UK court decision is unfortunately quite likely to reinforce harmful biological essentialist conceptions of “sex,” and a limited understanding of “gender,” both of which can be easily reinterpreted to work against gender justice – if the pretext of safeguarding groups based on their “sex” is translated into laws and policies that limit bodily autonomy in the name of protection. It can also be utilized to do harm through stigma and discrimination.
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