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UK Supreme Court Defines 'Woman' in Equality Act as Based on Biological Sex

The landmark ruling clarifies single-sex space protections and affirms transgender rights under the gender reassignment characteristic.

Overview

  • The UK Supreme Court ruled unanimously that 'woman' and 'sex' in the Equality Act 2010 refer to biological sex, excluding trans women with Gender Recognition Certificates (GRCs) from this definition.
  • The decision confirms that single-sex spaces and services, such as refuges and hospital wards, can be restricted to biological women.
  • Transgender people retain legal protections under the Equality Act for the characteristic of gender reassignment, ensuring safeguards against discrimination and harassment.
  • The ruling resolves a legal challenge brought by For Women Scotland against Scottish government guidance, which had included trans women with GRCs in the definition of 'woman.'
  • Reactions are divided: For Women Scotland called it a victory for women's rights, while trans rights groups expressed concern over potential exclusion and discrimination.

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