Campaigners cheer after judge rules on definition of a womanIn a landmark ruling, UK Supreme Court Judge Lord Hodge has announced that the Equality Act’s definition of a woman is based on biological sex.
According to the BBC, the ruling stemmed from an appeal before Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lady Rose and Lady Simler which was heard in November 2024.
The decision came following a lengthy legal case between the Scottish government and the women's rights group For Women Scotland regarding equalities legislation.
In the 88-page ruling, Lord Hodge, Lady Rose and Lady Simler said, "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”.
“The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex,” Lord Hodge said.
Lord Hodge, however, counseled not to see this as a triumph for one side over another and stressed the law still gives trans people protection against discrimination, whether or not they have a Gender Recognition Certificate (GRC).
“Trans people are protected from discrimination on the grounds of gender reassignment,” the judges said.
The ruling also said trans women can claim sex discrimination because they are perceived to be women. A GRC is not required to give this legal protection.
The ruling has elicited reactions, with leaders and rights groups commenting on it.
A UK government spokesperson said the ruling has brought clarity and confidence for women and providers in hospitals and refuges.
"We have always supported the protection of single-sex spaces based on biological sex. Single-sex spaces are protected in law and will always be protected by this government,” the spokesperson said.
For Women Scotland said the judges had said what they always believed to be the case, that women are protected by their biological sex.
Scottish Conservative leader Russell Findlay said he Supreme Court ruling is a victory for women across the United Kingdom, a victory for common sense – and an abject humiliation for the SNP.
“(Scottish first minister) John Swinney now needs to respect women’s rights and get rid of the dangerous gender policies that have become embedded in Scotland’s public institutions," Findlay said.
“This ruling should sound the death knell once and for all for Nicola Sturgeon’s reckless self-ID plans, which Labour, the Liberal Democrats and the Greens shamefully backed to the hilt at Holyrood."
Scottish Greens MSP Maggie Chapman described it as a “deeply concerning ruling for human rights and a huge blow to some of the most marginalised people in the society.”
“It could remove important protections and will leave many trans people and their loved ones deeply anxious and worried about how their lives will be affected and about what will come next.”
Chapman added, “We will always stand up for human rights, dignity and respect for all people. We will stand with the trans community today, tomorrow and always.”
