The Supreme Court has ruled that the terms 'woman' and 'sex' in the Equality Act 2010 refer to biological women and biological sex, in a landmark decision with wide-ranging implications for single-sex spaces and transgender rights across the UK.
The unanimous ruling, delivered on Wednesday, stems from a legal challenge by For Women Scotland (FWS) against Scottish legislation requiring 50% female representation on public boards. The court held that a Gender Recognition Certificate (GRC) does not change a person's legal sex under the Equality Act.
Lord Hodge, delivering the judgment, stated that the 'ordinary meaning' of the words 'woman' and 'sex' corresponds to biological characteristics. The 88-page judgment emphasised that transgender people remain protected from discrimination, but that 'gender reassignment and sex are separate bases for discrimination and inequality'.
The ruling raises questions about access to single-sex services such as hospital wards, refuges, and changing rooms. The UK Government welcomed the decision, saying it brings 'clarity and confidence' for women and service providers, and confirmed that single-sex spaces are protected in law.
Critics of the ruling, including transgender rights groups, have branded it an 'erasure' of trans people, while supporters call it a 'victory for common sense'. The Scottish Government, which had argued that a person with a GRC should be considered legally female, is expected to face pressure to reverse its policies on public boards.
