The Supreme Court of the United Kingdom has unanimously ruled that the legal definition of a woman should not include transgender women. According to the court’s decision on Wednesday, a woman is defined as “a biologically female and the biological sex.”
The case concerned whether transgender women with a Gender Recognition Certificate (GRC) should be protected from discrimination as women under the national Equality Act of 2010. A group of activists in Scotland filed the lawsuit in 2018, arguing that the rights should only apply to individuals assigned female at birth. The Scottish government countered that a transgender woman with a GRC should be considered a woman in law and should also count towards women’s quotas on boards.
The ruling has been welcomed by the ruling Labour Party as it brings clarity. The opposition Conservative Party described the decision as a “clear victory for common sense.”
In a summary of the ruling, it was stated that transgender women can be excluded from gender-specific facilities such as changing rooms if it is proportionate to do so.
Lord Patrick Hodge, a Supreme Court judge, emphasized that transgender women with a GRC would have more rights if they received the same protection as biologically female individuals under the Equality Act. Hodge argued that the court’s interpretation of the Equality Act would not remove the protection of transgender individuals. A transgender woman could file a complaint against discrimination based on their gender reassignment.