UK Supreme Court rules that women under Equality Act refer to biological females

The UK Supreme Court issued a landmark ruling on April 16, clarifying that the legal definition of “woman” in the 2010 Equality Act refers only to “biological women” whose sex was assigned female at birth, and does not include transgender women who hold a Gender Recognition Certificate (GRC), a legally recognized certificate of gender reassignment. “Sex” in this law refers to biological sex, representing the sex assigned at birth.

The ruling could further restrict transgender women’s access to women-only spaces and services, prompting calls from groups for a swift overhaul of Britain’s gender recognition laws.

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The case was brought by For Women Scotland, a Scottish women’s rights group, which challenged the legality of transgender women using quotas on public boards. A Scottish court rejected For Women Scotland’s argument, holding that holding a Gender Confirmation Certificate (GRC) constitutes legal gender transition under the 2004 Gender Recognition Act and should not be limited to biological sex. The group then appealed to the Supreme Court, arguing that the definition of woman in the Equality Act should be limited to biological females. The group is funded by JK Rowling.

Susan Smith, co-founder of For Women Scotland, said the legal battle had been a very, very long road. “Today, the judges have said what we have always believed to be true: that women are protected by their biological sex,” she said.

Supreme Court ruling: Gender rights should return to physiological characteristics

The five judges of the UK Supreme Court unanimously ruled that the definition of woman in the Equality Act 2010 does not include transgender women who hold a Gender Recognition Certificate (GRC). The judges stated: “We see no good reason why the legislator would have wanted the sex-based rights and protections in the Equality Act to apply to a complex and heterogeneous group of people, rather than to a distinct group of biological women or men who share biological characteristics and face disadvantage and discrimination.”

Lord Hodge, deputy president of the court, said the Equality Act made it clear its provisions dealt with sex assigned at birth, not acquired sex, regardless of whether a person held a gender confirmation certificate.

He noted that the ruling will have an impact on policies in sports, the military, medical institutions, and women-only charities, as well as on the use of women’s locker rooms and designated spaces. However, under the Equality Act, transgender women still have the right to equal pay as women for equal work, and in certain circumstances, the same treatment as women is still applied under the law.

In its 88-page ruling, the court noted that even though the word “biological” does not appear in the definitions of male and female in the Equality Act, the ordinary meaning of these words refers to biological characteristics. Without a clear definition of “sex” in the Equality Act based on biological sex, the provision of single-sex spaces (such as shelters and hospital wards) would be difficult to implement in practice.

The judge stressed that this ruling should not be seen as a symbol of one side defeating the other, and that transgender people are still protected by equality laws.

Transgender groups express disappointment: They will continue to fight for equal rights

Transgender rights advocates across the UK have launched protests against the ruling. Transgender group Scottish Trans issued a statement saying, “We are devastated by the Supreme Court’s ruling, which overturns 20 years of understanding of the legal status of gender affirmation certificate holders. We will continue to fight for a world where transgender people can live with the privacy, dignity, and safety that everyone deserves.”

Sacha Deshmukh, Executive Director of Amnesty International UK, said the ruling was disappointing. While it may have adverse consequences for transgender people, the court also emphasized that transgender people remain protected under the Equality Act from discrimination and harassment. The ruling does not change the protections provided to transgender people for “sex reassignment” under the Equality Act, and transgender people’s legal rights remain protected to a certain extent.