In a landmark ruling that could have far-reaching implications, the Supreme Court of the United Kingdom has unanimously determined that trans women are not legally considered women.
The court's decision, which is being hailed as a significant victory by gender-critical campaigners, is based on the interpretation of the terms 'woman' and 'sex' in the 2010 Equality Act as referring to biological sex, not acquired gender.
The ruling has been met with celebration by renowned author JK Rowling, who expressed her belief that the decision would safeguard 'the rights of women and girls across the UK'. The Harry Potter author's comments were reported by the Daily Mail, who also detailed the potential impact of the court's decision on the operation of single-sex spaces and services across the UK.
The Supreme Court's written judgment provided examples of areas that could be affected by the ruling, including rape or domestic violence counselling, refuges, rape crisis centres, female-only hospital wards, and changing rooms. The court ruled that trans women possessing a gender recognition certificate (GRC) could be excluded from single-sex spaces if deemed 'proportionate'.
The ruling marks the end of a protracted legal battle between the Scottish government and women's group For Women Scotland over the definition of a 'woman' in Scottish law. The case revolved around whether an individual with a GRC recognising their gender as female should be protected from discrimination as a woman under the Equality Act.
The Scottish government had argued that such individuals were entitled to sex-based protections, meaning a transgender person with a GRC identifying them as female would count towards women's quota. However, For Women Scotland contended that these protections only applied to individuals born female.
The Supreme Court has now ruled that the terms 'sex', 'man' and 'woman' in the Equality Act must be understood to mean 'biological sex', dismissing any alternative interpretations as 'incoherent and impracticable'. This ruling follows years of campaigning by gender-critical figures, including JK Rowling, who reacted to the decision by posting: 'It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they've protected the rights of women and girls across the UK. @ForWomenScot, I'm so proud to know you.'
Rowling later added: 'Trans people have lost zero rights today, although I don't doubt some (not all) will be furious that the Supreme Court upheld women's sex-based rights.'
In the 88-page ruling published today, the justices stated: 'The definition of sex in the Equality Act 2010 makes clear that the concept of sex is binary, a person is either a woman or a man.' They further clarified: '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.'
The ruling has sparked a variety of reactions, with Conservative leader Kemi Badenoch hailing the Supreme Court's decision as a 'victory' for women and declaring that the 'era of Keir Starmer telling us women can have penises has come to an end'.
The Supreme Court's ruling has clarified that the terms 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex. This decision will have significant implications for how single-sex spaces and services operate across the UK. The court's judgment provides examples of areas that could be affected, including rape or domestic violence counselling, refuges, rape crisis centres, female-only hospital wards, and changing rooms. The court ruled that trans women with a GRC can be excluded from single-sex spaces if 'proportionate'. The government has stated that the ruling 'brings clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs'.
Employment experts suggest that the ruling will provide companies with greater 'clarity' over single-sex spaces for their staff. Lara Brown, a senior Research Fellow in the Culture and Identity Unit at Policy Exchange, explained that a trans woman with a GRC who is excluded from single-sex spaces cannot claim she is being discriminated against as a woman. She stated: 'This ruling makes it legal for any space that wants to be single sex to exclude biological men.'
The Supreme Court made it clear that trans people are protected under the gender reassignment provisions in the Equality Act and will be able to bring claims if they are discriminated against or harassed. Experts suggest that a trans woman will be able to bring a sex discrimination claim if they are disadvantaged because they are perceived to be a woman or because they associate with a woman.
The ruling also has implications for competitive sports. In recent years, many sports have tightened rules around transgender athletes at the elite level. Athletics, cycling, and aquatics are among those who have banned trans women from participating in women's events. The UK government has expressed hope that the decision will provide clarity for sports clubs.
The Supreme Court's judgement, delivered by Lord Hodge, acknowledged 'the strength of feeling on both sides' and cautioned against viewing the judgement as a victory for one side over another. He stressed that the law still provides trans people with protection against discrimination. He stated: 'The unanimous decision of this court is that the terms 'woman' and 'sex' in the Equality Act 2010 refer to biological woman and biological sex. But we counsel against reading this judgement as a triumph for one or more groups in our society at the expense of another. It is not The Equality Act gives transgender people protection not only against discrimination through the protected characteristics of gender reassignment, but also against direct discrimination, indirect discrimination, and harassment, in substance in their acquired gender.'
The judgement was celebrated by women's rights groups, who cheered outside the court, opened a bottle of champagne, and broke into song after the ruling was handed down. However, a protester shouted, 'Trans rights are human rights' at those gathered, adding: 'Even if you kill every last one of us another will be born tomorrow.'
Marion Calder, co-director of FSW which successfully challenged the Scottish Government, told the Daily Mail that she was 'absolutely' delighted by the judgment - 'as I'm sure the vast majority of women across Great Britain feel', she added.
Conservative party leader Mrs Badenoch praised campaign group FWS. 'Saying 'trans women are women' was never true in fact, and now isn't true in law either,' she said. 'This is a victory for all of the women who faced personal abuse or lost their jobs for stating the obvious. Women are women and men are men: you cannot change your biological sex. The era of Keir Starmer telling us women can have penises has come to an end. Well done to For Women Scotland!'
Mims Davies, the shadow minister for women, hailed it as a 'clear victory for common sense'. The UK Supreme Court decision is a 'victory for women across the United Kingdom', the leader of the Scottish Tories has said. Russell Findlay hailed the decision, which confirmed that the definition of woman in the 2010 Equality Act refers to biological women, as an 'abject humiliation for the SNP'.
The ruling has been met with mixed reactions, with some celebrating it as a victory for women's rights and others decrying it as a setback for trans rights. However, the court has made it clear that the ruling does not diminish the protections available under the Equality Act 2010 for trans people.
The court's decision will have far-reaching implications for single-sex spaces and services, employment practices, and competitive sports, among other areas. The ruling also underscores the importance of a consistent, biological, and factual understanding of sex in upholding women's rights.
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