LONDON — In a significant ruling, Britain’s Supreme Court determined that the legal definition of a woman is strictly based on biological sex. Deputy President of the Supreme Court, Patrick Hodge, articulated this stance during the delivery of the unanimous decision on Wednesday.
The judgment is expected to be a pivotal moment for gender-critical feminist advocates who contend that biological sex is unchangeable, and it represents a setback for transgender rights activists. This ruling may have extensive effects on the regulation of single-sex spaces and other gender-specific public services throughout Scotland, England, and Wales.
Background of the legal challenge
The case was initiated by the For Women Scotland campaign group, which maintains that sex is a biological and binary attribute that cannot be altered, challenging the Scottish government’s approach. The dispute traces back to 2018 when the Scottish administration, under former First Minister Nicola Sturgeon, enacted legislation aimed at increasing female representation on public boards through gender quotas.
This legislation was subsequently modified to include trans women who possess gender recognition certificates (GRCs), thus recognizing them as women for the legislation’s purposes. However, the Scottish courts upheld a ruling favoring the government, asserting that sex is “not limited to biological or birth sex,” encompassing individuals with GRCs.
Supreme Court’s interpretation of the Equality Act
This interpretation was contested in London, culminating in the Supreme Court’s recent decision. The ruling emphasizes that the terms “sex,” “man,” and “woman” within the U.K.’s Equality Act must refer to “biological sex,” deeming any alternative interpretation as “incoherent and impracticable.”
The court’s summary stated: “Therefore, a person with a Gender Recognition Certificate in the female gender does not come within the definition of a ‘woman’ under the Equality Act 2010 and the statutory guidance issued by the Scottish ministers is incorrect.”
Advocates for transgender rights have expressed concern that the court’s ruling could undermine the protections afforded to transgender individuals against discrimination. Hodge emphasized that this decision should not be interpreted as a victory for one group over another, noting that the Equality Act continues to offer protections to transgender individuals against discrimination, harassment, and other forms of mistreatment related to their acquired gender.
This developing story will continue to be updated as more information becomes available.