UK Court defines ‘woman’ based on biological sex, says equal status grants ‘greater rights’ to transgender women

The UK Supreme Court has determined that the legal definition of "woman" within the context of the Equality Act is based on biological sex, thereby excluding transgender individuals from specific protections and provisions.

This decision comes after a protracted legal battle between the feminist organisation, For Women Scotland, and the Scottish government, reigniting a debate that has polarised societies worldwide.

The case centered on whether trans women with a gender recognition certificate (GRC) – which offers legal recognition of someone’s female sex – are protected from discrimination as a woman under the nation’s Equality Act 2010.

A group of campaigners in Scotland brought a challenge in 2018, arguing that those rights should only safeguard those assigned as women at birth. But the Scottish government said that a trans woman with a GRC is legally a woman and should therefore be afforded the same legal protections.

The UK’s ruling Labour party said the ruling brought “clarity and confidence” while the opposition Conservatives called it a “clear victory for common sense,” urging the government to amend existing guidance, reported CNN.

Notably, in the UK, hate crimes on the basis of sexual identity rose by 112% in 2023, according to government figures – the same year a young trans girl, Brianna Ghey, was murdered by two schoolchildren in a park in central England.

Key Points of the UK Top Court Ruling

The unanimous decision, delivered by five justices of UK Top Court, affirms that transgender women can be excluded from certain single-sex spaces and groups, such as changing rooms, domestic violence shelters, and counselling services specifically designated for women.

“Interpreting ‘sex’ as certificated sex would cut across the definitions of ‘man’ and ‘woman’ and thus the protected characteristic of sex in an incoherent way,” a summary of the ruling said, which added that transgender women could be excluded from same-sex facilities such as changing rooms if “proportionate.”

If transgender women with a GRC were afforded the same protected characteristic as biological women under the Equality Act, Hodge said, they would possess “greater rights than those who do not,” citing provisions relating to pregnancy and maternity leave.

The court clarified that holding a Gender Recognition Certificate (GRC), which legally recognises a transgender person's acquired gender, does not equate to being considered a woman for equality purposes under the Act.

Justice Patrick Hodge emphasised that the ruling does not diminish the overall protection afforded to transgender people under UK law, who remain safeguarded against discrimination.

For Women Scotland's Perspective

For Women Scotland, the group behind the legal challenge, celebrated the ruling as a significant victory.

Susan Smith, co-director of the organisation, articulated that the decision acknowledges the "basic common sense" understanding of sex as immutable, asserting that one "cannot change it."

The group's supporters, including author JK Rowling, who reportedly contributed substantial funds to the legal efforts, lauded the verdict as a protection of the rights and spaces reserved for biologically female individuals.