The Supreme Court’s ruling is a setback for all women

One of our sub-editors reflects on the recent decision by the Supreme Court.

Sophie Jarvis
25th April 2025
Image Source: Wikimedia Commons, Jwslubbock
In February 2024, Keir Starmer embraced Esther Ghey, the mother of Brianna Ghey, in Parliament, and shared on Instagram that he was ‘in awe of her strength and bravery (…) as she campaigns to make sure no parent has to go through what she did’. The meeting came two years after Starmer attended London Pride, holding a trans flag, and taking to Instagram again to assure the LGBTQ+ community that ‘The Labour Party will always stand up for your rights’. 

On the 15th April 2025, the UK Supreme Court ruled that a woman is defined by biological sex under the 2010 Equality Act— thereby excluding transgender women from the legal definition of the term “woman”, with Keir Starmer showing unwavering support for this decision.

The implications of this ruling are profound, far-reaching, and ultimately horrifying.

The implications of this ruling are profound, far-reaching, and ultimately horrifying. With some declaring the ruling as a victory for women’s rights, it is, in fact, a threat to not only trans women, but all women. By legally excluding trans women from the definition of “woman,” the ruling not only marginalises an already vulnerable group, but sets a dangerous precedent that undermines the rights and safety of all women. It creates a legal framework that can be used to justify discrimination and exclusion, dismantling the progress made in gender equality and regressing trans rights. 

And within days of the Supreme Court’s ruling, the British Transport Police (BTP) announced an interim policy change: trans women in custody will now be strip-searched by male officers, aligning with their biological sex as defined by the court. In practice, this legal exclusion validates the stereotypes that only “feminine” women deserve protection, leaving masc-presenting cis women vulnerable to discrimination—denial of access to women’s shelters, misgendering in healthcare, or invasive searches by male officers—all justified by rigid, biologically-based definitions of gender. And who is to say that the policy won’t be used to justify predatory behaviour towards cis women anyway, regardless of their appearance? 

Yet this narrow interpretation of safety ignores the reality that trans women are themselves among the most at risk of violence.

The decision also sanctions the exclusion of trans women from single-sex spaces—hospital wards, domestic violence refuges, bathrooms, sports teams—on the grounds of “protecting” women. Yet this narrow interpretation of safety ignores the reality that trans women are themselves among the most at risk of violence. And it ignores that all women face danger from abusers who weaponise rigid gender norms to isolate and control. 

In the end, this Supreme Court decision doesn’t just deny trans women their basic human rights—it endangers the safety and autonomy of every woman who fail to conform to an increasingly narrow vision of femininity.

In the end, this Supreme Court decision doesn’t just deny trans women their basic human rights—it endangers the safety and autonomy of every woman who fail to conform to an increasingly narrow vision of femininity. True gender equality demands that we challenge biological essentialism, protect the most vulnerable among us, and affirm that womanhood is as diverse as woman-identifying people themselves. The ruling has underscored the need for a more inclusive and nuanced understanding of gender in law and policy, and it is critical that political leaders and institutions not only recognise the rights of trans individuals but actively work to protect them from discrimination. 

AUTHOR: Sophie Jarvis
Head of Life & Style 25/26

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