UK’s top court says legal definition of woman refers to biological sex

On Wednesday, the UK’s top court determined that the definition of a woman under equality laws encompasses only biological women, not trans women. This significant ruling was met with disappointment by trans advocates but received approval from the government for providing clarity.

The highly awaited decision focused on whether a trans woman holding a gender recognition certificate (GRC), an official document that legally acknowledges an individual’s updated gender, is safeguarded against discrimination as a woman under the Equality Act in Britain.

Critics argued that recognizing a trans woman as a woman legally might affect single-sex services for women, including shelters, hospital units, and sports activities. However, transgender advocates argued that their exclusion could result in discrimination, particularly regarding employment matters.

“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.”

Transgender rights have emerged as a significant political issue, facing claims that identity politics have been exploited by the conservative right to target minority groups, while others contend that liberal backing for transgender individuals has violated the rights of biological women.

In the United States, legal disputes are in progress following President Donald Trump’s issuance of executive orders that prohibit transgender individuals from serving in the military.

The British ruling on Wednesday came after a legal challenge by the campaign group For Women Scotland (FWS) against advice provided by the devolved Scottish government related to a 2018 law aimed at boosting the representation of women on public sector boards.

The guidance stated that a trans woman possessing a gender recognition certificate is legally considered a woman. FWS, supported by lesbian rights organizations, had been defeated in the Scottish courts, but the Supreme Court decided in its favor.