Justice Secretary Shabana Mahmood has said it is “absolutely unacceptable” to question the legitimacy of the UK Supreme Court, following its recent ruling that the word “woman” in the Equality Act 2010 refers specifically to biological sex.
Speaking to Parliament’s Human Rights Joint Committee, Mahmood stated the court had “provided the legal clarity in their legal decision which is exactly their job” and criticised those casting doubt on the ruling or the authority of the court.
The judgment, welcomed by women’s rights groups, clarified that the legal terms “woman” and “sex” in the Equality Act apply to biological definitions. As a result, transgender women- individuals born male but who identify as women – can legally be excluded from women-only spaces.
However, the ruling has prompted criticism from trans rights advocates. Some campaigners say it overlooks the complexity of biological sex, including intersex individuals, and fails to account for the lived experiences and rights of trans people.
Dr Victoria McCloud, a former High Court judge and the UK’s only openly transgender judge, has announced plans to appeal the ruling at the European Court of Human Rights. She said the judgment and subsequent guidance from the Equality and Human Rights Commission (EHRC) breached her human rights and left her legally in a “nonsensical” position – being seen as “two sexes at once”.
Following the Supreme Court’s decision, the EHRC published interim guidance stating that trans women should not be allowed to access women’s facilities in workplaces or public services, and the same principle applies to trans men regarding male spaces. However, the EHRC also emphasised that trans people “should not be put in a position where there are no facilities for them to use”.
The ruling came after a legal challenge from campaign group For Women Scotland, which argued that sex-based protections in law should apply exclusively to those born female, citing concerns over women’s safety and privacy.
Mahmood told MPs and peers that the Supreme Court had handled the issue “very sensitively” and had struck a careful balance of rights, aiming to reassure trans people that they remain protected under equality law.
She also addressed the government’s policy on transgender prisoners, saying it “strikes the right balance”, but added that her department would review it in light of the court’s decision.
Mahmood confirmed that no transgender prisoners have been moved into female jails since she took office in July 2024, and reassured the committee that “no trans women convicted of a rape or serious violence offence who retains birth genitalia would ever be considered for being placed in the women’s estate”.
According to 2023–24 prison service data, there were 295 transgender inmates in England and Wales, with 244 housed in male prisons and 51 in female prisons.
