On Wednesday, Britain’s Supreme Court determined that the legal definition of a “woman” is based on an individual’s sex at birth.
The ruling marked a significant victory for Scottish gender-critical campaigners, who initiated the case, as five judges in London unanimously concluded that “the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to a biological woman, and biological sex”.
Justice Patrick Hodge, delivering the verdict, also noted that the act “gives transgender people protection” against discrimination in their acquired gender.
The UK government welcomed the ruling, stating it brings “clarity” to the ongoing debate surrounding gender and sex.
This decision is the culmination of a prolonged legal struggle between the Scottish government and the campaign group For Women Scotland (FWS), which appealed to the Supreme Court after unsuccessful attempts in Scottish courts concerning legislation aimed at increasing the hiring of women in public-sector roles.
Outside the court, numerous FWS and other gender-critical campaigners—who contend that biological sex is immutable—expressed their joy at the ruling, embracing and shedding tears in celebration.
“This has been a really, really long ride,” remarked Susan Smith, co-director of For Women Scotland, expressing the campaigners’ “enormous gratitude for this ruling”. She added, “Today, the judges have said what we always believed to be the case: that women are protected by their biological sex. Women can now feel safe that services and spaces designated for women are for women”.
Prior to the verdict, trans rights activists expressed concerns that a ruling favouring FWS could lead to increased discrimination against trans individuals in their chosen gender.
“The court is well aware of the strength of feeling on all sides which lies behind this appeal,” Hodge acknowledged, recognising both the struggle of women against sex discrimination and the “vulnerable” position of the trans community.
Ellie Gomersall, a 25-year-old Scottish Greens activist and trans woman, told Sky News that the ruling represented “yet another attack on the rights of trans people to live our lives in peace”. She urged the Labour government “to step up, and defend one of the most vulnerable minorities in the country”.
The legal dispute centred on differing interpretations of the Equality Act. While the Scottish government maintained that the Equality Act (EA) afforded trans women with a Gender Recognition Certificate (GRC) the same protections as biological females, FWS held a contrary view.
In its judgement, the Supreme Court stated that the devolved Scottish government’s “interpretation is not correct” and highlighted that the Equality Act was inconsistent with the 2004 Gender Recognition Act, which introduced GRC certificates.
The Equality and Human Rights Commission (EHRC), tasked with enforcing the Equality Act, expressed its satisfaction that the ruling addressed the complex issues surrounding the maintenance of single-sex spaces.
The judgement asserted that single-sex spaces and services, such as changing rooms, hostels, and medical services, “will function properly only if sex is interpreted as biological sex”.
A spokesperson for the Labour government stated that the ruling provided “clarity and confidence for women and service providers such as hospitals, refuges, and sports clubs”, affirming, “We have always supported the protection of single-sex spaces based on biological sex”.
Opposition Conservative leader Kemi Badenoch celebrated the ruling as a “victory” for FWS, stating, “Saying ‘trans women are women’ was never true in fact, and now isn’t true in law either”.
The ruling may pose challenges for transgender women in accessing single-sex spaces, a contentious issue.
LGBTQ charity Stonewall described the ruling as “incredibly worrying for the trans community”. Its chief executive, Simon Blake, voiced, “Stonewall shares the deep concern at the widespread implications for today’s ruling”.
The discourse surrounding this debate has been particularly intense in the UK, with gender-critical activists and trans rights campaigners often at odds.
Notably, JK Rowling, the author of “Harry Potter”, has emerged as a prominent supporter of gender-critical campaigns and has faced significant backlash and accusations of transphobia.
This ruling also arrives at a time when transgender rights are facing challenges in the United States under President Donald Trump, who has asserted that the federal government will recognise only two sexes, male and female, sought to exclude trans athletes from women’s sports, and restricted treatments for trans children.
The recent UK ruling could increase pressure on Prime Minister Keir Starmer, who has largely refrained from addressing trans issues since assuming office last July, to provide further clarity on legislation.
Credit: AFP
