UK’s Supreme Court says trans women are not legally women in landmark ruling

Britain’s highest court has declared that transgender women are not legally women in a landmark judgement on Wednesday (Apr 16).

The United Kingdom’s Supreme Court ruled that a woman is defined by “biological sex” under the equality legislation. It noted that trans individuals would not be disadvantaged by the significant decision that could impact sex-based rights across Scotland, England and Wales.

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The judgment related to whether a trans woman with a gender recognition certificate is protected as a woman under the Equality Act. The verdict marks the end of a long-running legal battle.

The top court sided with campaign group For Women Scotland, which argued that sex-based protections should only apply to people who are born female. It challenged guidance issued by the Scottish government that said a trans woman with a gender recognition certificate was legally a woman. It had accompanied a 2018 law aimed at increasing the proportion of women on public sector boards.

The Supreme Court’s ruling in favour of For Women Scotland came following an appeal last November. The group had lost in the Scottish courts.

What did the court say?

“The unanimous decision of this court is that the terms ‘women’ and ‘sex’ in the Equality Act 2010 refer to a biological woman and biological sex,” Deputy President of the Supreme Court Patrick Hodge said.

“But we counsel against reading this judgment as a triumph for one or more groups in our society at the expense of another - it is not,” he added.

Scottish legal critics said that its definition could affect single-sex services for women like refuges, hospital wards, and sports.

However, transgender campaigners had highlighted that if the court ruled in favour of For Women Scotland, it could lead to discrimination against those with gender recognition certificates, especially regarding employment issues.

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“The correct interpretation of the EA (Equality Act) as referring to biological sex does not cause disadvantage to trans people, whether or not they possess a gender recognition certificate,” Hodge said.

“Trans people have the rights which attach to the protected characteristic of gender reassignment.”