OLS Solicitors Blog
New Gender Ruling from the Supreme Court: What It Means for Family Law in England and Wales
New Gender Ruling from the Supreme Court: What It Means for Family Law
On 16 April 2025, the UK Supreme Court issued a landmark judgment that could reshape how gender is understood in legal contexts across the UK—including family law in England and Wales.
The case, For Women Scotland Ltd v The Scottish Ministers, clarified the definition of “sex” under the Equality Act 2010. While it began in Scotland, the ruling applies UK-wide and is already being seen as a pivotal moment for how public services and courts interpret gender-related issues.
In this article:
- What Was the Case About?
- Does This Apply Across the UK?
- Implications for Family Law
- Why This Ruling Matters Now
- What Should You Do If You’re Affected?
- Speak to a Family Law Solicitor
What Was the Case About?
The Legal Dispute and Supreme Court Decision
The Scottish Government had issued guidance treating transgender women with a Gender Recognition Certificate (GRC) as women for the purposes of public appointments.
Campaigners challenged this, arguing that the legal definition of “woman” under the Equality Act 2010 should refer strictly to biological sex.
The Supreme Court agreed, ruling unanimously that:
“The protected characteristic of sex in the Equality Act refers to biological sex, not gender identity—even where a person has a Gender Recognition Certificate.”
This overturned prior Scottish decisions and firmly established that “sex” in this context means sex assigned at birth.
Does This Apply Across the UK?
Implications for England and Wales
Yes. The Equality Act 2010 is UK-wide legislation, and the UK Supreme Court is the highest legal authority for all nations within the United Kingdom.
This ruling now informs how courts, local authorities, schools, and other public bodies across England and Wales must interpret the term “sex.” Unless new legislation is passed, “sex” will legally refer to biological sex, not gender identity.
Implications for Family Law
This ruling may change how gendered terms and roles are interpreted in a variety of family law contexts. Here are some examples:
Parental Roles
Terms like “mother” and “father” may now be interpreted strictly based on biological sex. This could affect:
- Birth certificate disputes
- Parental responsibility applications
- Recognition of transgender parents in court orders
Marriage and Divorce
The ruling may influence how marriages are classified (as same-sex or opposite-sex) and impact entitlement under gender-specific schemes, such as spousal pensions or benefits.
Domestic Abuse Services
Single-sex services like women’s shelters may now interpret “woman” more narrowly, potentially excluding some transgender individuals based on biological sex definitions.
Inheritance and Wills
Wording in wills or legal documents using terms like “wife,” “daughter,” or “son” may now be interpreted based on biological sex, which could lead to new legal challenges in probate cases.
This decision brings legal clarity, but it may also create uncertainty and stress for individuals whose gender identity differs from their biological sex.
Why This Ruling Matters Now
Family law is one of the most personal areas of law, and the meaning of terms like “parent,” “spouse,” or “child” can have far-reaching effects in real life.
- Children’s rights could be impacted if parents are defined strictly by biological terms
- Asset division in divorce may be affected by how gendered benefits are applied
- Future disputes may focus more on legal language and eligibility based on birth sex
This ruling is likely to be cited in future legal arguments involving child custody, adoption, wills, pensions, and more.
What Should You Do If You’re Affected?
Guidance for Those Impacted by the Ruling
If you’re unsure how this ruling may affect you, seek legal advice if:
- You are transgender and concerned about your parental rights or family law case
- You are in the middle of a divorce and gendered legal terms are involved
- You are facing an inheritance dispute involving terms like “wife,” “husband,” or “daughter”
Our solicitors can help you understand your position and plan the best course of action.
Speak to a Family Law Solicitor
At OLS Solicitors, we specialise in helping individuals navigate complex and sensitive legal matters—including those involving gender, identity, and family rights.
OLS Solicitors
Call: 01554 756952
Email: [email protected]
Website: www.ols-solicitors.co.uk
We’re here to provide clarity, support, and expert legal guidance—especially when the law changes.
