UK Supreme Court Defines "Woman" and "Sex" in Equality Act, Impacting Transgender Rights

The UK Supreme Court has issued a landmark ruling, definitively stating that the terms "woman" and "sex" within the Equality Act are solely defined by biological sex. This decision, delivered unanimously by five judges, clarifies that the legal definition of a woman in the 2010 Act does not encompass transgender women who possess gender recognition certificates.

This judgment is expected to have significant consequences, potentially leading to increased restrictions on transgender women's access to services and spaces designated for women. It has also prompted calls for a review of the UK's gender recognition laws. The UK government has expressed its support for the ruling, stating it provides "clarity and confidence" for women and organizations managing single-sex spaces.

The case was brought to the Supreme Court by For Women Scotland, a gender-critical campaign group. The group argued that the Equality Act's definition of a woman should be limited to those born biologically female. The court's deputy president, Lord Hodge, emphasized that the Equality Act focuses on biological sex at birth, regardless of a person's acquired gender or possession of a gender recognition certificate.

The ruling has implications for various areas, including sports, the armed services, hospitals, women-only charities, and access to single-sex facilities. While the court acknowledged that trans women still retain equal pay rights and may be treated as women in certain situations, the judgment emphasized the importance of biological sex in defining single-sex services.

The court's 88-page judgment clarified that the ordinary meaning of "man" and "woman" in the Equality Act corresponds to biological characteristics. It stated that interpreting "sex" to include anything other than biological sex would create practical difficulties for providers of single-sex spaces.

The ruling represents a setback for the Scottish government, which had supported the inclusion of trans women with gender recognition certificates in the definition of "woman." The Scottish government has accepted the court's decision and stated its commitment to protecting the rights of all individuals.

Trans rights campaigners have expressed disappointment with the ruling but have urged calm. Human rights organizations have acknowledged the potentially concerning consequences for trans people while emphasizing that the Equality Act still protects them against discrimination and harassment.

For Women Scotland, the group that initiated the legal action, celebrated the ruling, stating that it confirms the protection of women based on their biological sex. The court's decision has also been praised by others, including JK Rowling, who supported the campaign.