UK Supreme Court Rules ‘Woman’ Defined by Biological Sex

London [UK]: In a significant ruling, the United Kingdom’s Supreme Court has clarified that the legal definition of the term “woman” under the Equality Act (EA) 2010 is based on biological sex and not gender identity, according to a report by CNN.

The unanimous judgment, delivered on Wednesday, establishes that terms like “man,” “woman,” and “sex” within the Equality Act refer strictly to biological sex. The case was brought forward by a group of campaigners in Scotland in 2018, who argued that legal protections for women should apply only to those assigned female at birth. The Scottish government, however, maintained that transgender women holding a Gender Recognition Certificate (GRC) are legally recognized as women and should receive the same protections.

In its ruling, the Supreme Court stated, “The terms ‘man,’ ‘woman,’ and ‘sex’ in the EA 2010 refer to biological sex.” Justices Lord Hodge, Lady Rose, and Lady Simler delivered a joint judgment, which was supported by the entire bench.

The court emphasized that the definition of sex under the Equality Act is binary, identifying individuals as either male or female based on biology. While the term “biological” is not explicitly used, the judgment stated that the ordinary understanding of the language aligns with biological traits distinguishing men and women.

At the same time, the ruling affirmed that transgender individuals continue to be protected under the Equality Act. It clarified that transgender people, whether or not they possess a GRC, are safeguarded from indirect discrimination under the Act’s provisions related to gender reassignment and other related disadvantages.

“The protection covers disadvantages shared with either their identified gender group or their biological sex group,” the judgment noted, ensuring that the Equality Act continues to apply to transgender individuals in practical terms.