Britain’s Supreme Court has determined that a “woman” is defined legally by a person’s sex assigned at birth, marking a landmark decision with extensive consequences for the contentious discussion regarding trans rights.
In a victory for Scottish gender-critical advocates who presented the case to the nation’s highest court, five judges in London unanimously concluded that “the terms ‘woman’ and ‘sex’ in the Equality Act 2010 pertain to a biological woman and biological sex.”
The court also emphasised that the act provides protections against discrimination for transgender individuals.
Justice Patrick Hodge stated that the five judges at the court reached a unanimous decision that “the terms ‘woman’ and ‘sex’ in the Equality Act refer to a biological woman.”
As a result of the ruling, a transgender person possessing a certificate that acknowledges them as female is not recognised as a woman for equality purposes.
This case originated from a 2018 statute enacted by the Scottish Parliament mandating that public boards in Scotland must have 50% female representation, which included transgender women in its definition of women.
In an 88-page decision, Lord Hodge, Lady Rose, and Lady Simler articulated that “the definition of sex in the Equality Act 2010 clearly indicates that the concept of sex is binary—individuals are either a woman or a man.”
The advocates erupted in applause as the judges exited the courtroom. Though they were cautioned against causing disruptions during the proceedings, an immediate emotional surge followed. The For Women Scotland team was in tears, quickly embracing one another in a group hug.
Lord Hodge remarked that the ruling should not be interpreted as a victory for one side over another. Yet, the cheering and singing celebrations spilt onto the street outside the court, indicating that the group viewed this as a success.
