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UK Supreme Court Rules 'Woman' and 'Sex' Refer to Biological Definitions

The landmark decision clarifies the Equality Act 2010, enabling lawful exclusion of transgender women from female-only spaces while reaffirming protections against discrimination for transgender individuals.

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Women's rights activists hold placards outside the Supreme Court to challenge gender recognition laws, in London, Wednesday, April 16, 2025. (AP Photo/Kin Cheung)
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Susan Smith (L) and Marion Calder, directors of 'For Women Scotland' speak to the media outside the Supreme Court

Overview

  • The UK Supreme Court unanimously ruled that 'woman' and 'sex' in the Equality Act 2010 refer to biological sex, not gender recognition certificate status.
  • The judgment allows single-sex spaces and services, such as refuges and hospital wards, to lawfully exclude transgender women with gender recognition certificates if deemed proportionate.
  • The court emphasized that transgender individuals remain protected under the Equality Act through the characteristic of gender reassignment, safeguarding them from discrimination and harassment.
  • The ruling resolves a legal challenge brought by For Women Scotland against Scottish government guidance on a 2018 gender-quotas law, which had included transgender women in female representation targets.
  • The UK government welcomed the clarity provided by the decision, while transgender rights advocates expressed concerns over potential discrimination and broader implications for equality policies.