Legal definition of woman based on biological sex, UK Supreme Court rules

The UK Supreme Court has ruled that the definitions of “woman” and “sex” in the Equality Act 2010 refer to biological sex, not gender identity—a significant win for gender-critical campaigners.

In a unanimous judgment, five justices declared that transgender women, even those with a Gender Recognition Certificate (GRC), are not included in the Equality Act’s legal definition of “woman.” The decision marks a setback for the Scottish government and may reshape access to women-only spaces and services across the UK.

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The UK government welcomed the decision, stating it strengthens clarity for those managing women-only services.

“We have always supported the protection of single sex spaces based on biological sex. Single-sex spaces are protected in law and will always be protected by this government,”, UK government spokesperson stated.

Scotland’s First Minister, John Swinney, acknowledged the ruling and its implications for legislative interpretation: “The Scottish government accepts today’s supreme court judgment. The ruling gives clarity between two relevant pieces of legislation passed at Westminster. We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions.”

Delivering the court’s decision, Lord Hodge emphasised that the Equality Act protects people based on biological sex, not self-declared gender or gender recognition certificates.

“Interpreting sex as certificated sex would cut across the definitions of man and woman in the EA and thus the protected characteristic of sex in an incoherent way. It would create heterogeneous groupings.

“As a matter of ordinary language, the provisions relating to sex discrimination, and especially those relating to pregnancy and maternity and to protection from risks specifically affecting women, can only be interpreted as referring to biological sex,” Lord Hodge said.

The judgment affects public policy in sports, healthcare, charities, and the armed forces. Lord Hodge further explained: “Some services and places could function properly only if sex is interpreted as biological sex.

Separate spaces and single-sex services, including changing rooms, hostels, medical services, communal accommodation… provisions relating to single-sex characteristic associations and charities, women’s fair participation in sport, the operation of the public sector equality duty and the armed forces.

A public body could not know whether a trans woman did or did not have that certificate because the information was private and confidential, Lord Hodge said.

He concluded by acknowledging the complexity and sensitivity of the matter: “This should not be seen as a triumph of one or more groups in our society at the expense of another,” Lord Hodge stressed.
(The Guardian)

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