The UK Supreme Court has ruled that the terms “woman” and “gender” in the Equality Act 2010 refer exclusively to biological sex. This means they cannot be applied to transgender women.
The Guardian writes about this.
The five judges unanimously ruled that this definition does not cover transgender women, even if they have a gender reassignment certificate (GRC).
The Supreme Courtʼs decision brought to a close a long-running dispute that For Women Scotland has been waging against the Scottish Government since 2018.
At the time, the Scottish government had passed a bill to protect gender balance on government boards. But the FWS, which is funded by author J.K. Rowling, complained that transgender people were included in the quotas set out in the law. In particular, activists argued that not defining gender by biological sex could have serious consequences for the functioning of spaces designated for only one sex, such as changing rooms or shelters.
After several hearings in the Scottish courts, the matter was referred to the High Court in London for a final decision. The court verdict was drawn up in 88 pages.
"The terms ʼwomanʼ and ʼsexʼ in the Equality Act 2010 refer to biological woman and biological sex. Sex discrimination provisions can only be interpreted through the lens of biological sex," said Justice Patrick Hodge.
The Supreme Court ruling states that determining a personʼs gender solely based on a gender reassignment certificate is against the law, as it is inconsistent with the basic definitions of "man" and "woman" in the Equality Act. According to the judges, the concept of "gender" in this law should refer specifically to biological sex, that is, the one determined at birth.
The court also indicated that in certain cases it is reasonable to restrict transgender womenʼs access to single-sex spaces, such as changing rooms or shelters, if this is a "proportionate" and justified step. Judge Hodge noted that if a transgender woman with a gender reassignment certificate is recognized as a woman at the level of biological sex, this may result in her receiving more rights than other women, in particular with regard to maternity leave, which is reserved for women.
The court stressed that transgender people do not lose their protection. Trans women can file complaints of discrimination. The Equality Act continues to apply to them within the framework of another protected characteristic — "gender identity".
And although Judge Hodge emphasized that this decision should not be seen as "a victory for one group at the expense of another," representatives of the gender-critical movement nevertheless perceived it as a significant victory.
“The court gave the right answer: the protected sign ʼgender’ is about reality, not about papers,” the organization Sex Matters said.
Instead, trans activists in the UK and beyond warn that the ongoing public controversy surrounding the private lives of transgender people is weakening the protections of this community, which is already marginalized and faces constant hostility.
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