The British Supreme Court ruled on Wednesday that the UK equalities law defines a woman as someone born biologically female, rejecting the Scottish government's argument that it includes transgender women. Justice Patrick Hodge said five judges at the court ruled unanimously that "the terms 'woman' and 'sex' in the Equality Act refer to a biological woman and biological sex." The ruling means that a transgender person with a certificate that recognizes them as female shouldn't be considered a woman for equality purposes, per the AP. But, the court added, its ruling "does not remove protection from trans people," who are "protected from discrimination on the ground of gender reassignment."
The case stems from a 2018 law passed by the Scottish Parliament stating there should be a 50% female representation on the boards of Scottish public bodies. Transgender women were to be included in meeting the quota. Feminist groups that had challenged the Scottish government hailed Wednesday's ruling as a major victory. "The court has given us the right answer: the protected characteristic of sex—male and female—refers to reality, not to paperwork," said Maya Forstater of the group Sex Matters.
For Women Scotland, the women's rights group that brought the legal challenge, argued that the Scottish officials' redefinition of "woman" went beyond Parliament's powers. But Scottish officials then issued new guidance stating that the definition included someone with a gender recognition certificate. FWS successfully sought to overturn that. The challenge was rejected by a court in 2022, but the group was granted permission last year to take its case to the Supreme Court.
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The women's rights group counts among its supporters author JK Rowling, who reportedly donated tens of thousands of dollars to back its work. The Harry Potter writer has been vocal in arguing that the rights for trans women shouldn't come at the expense of those who are born biologically female. Opponents, including Amnesty International, said excluding transgender people from sex discrimination protections conflicted with human rights laws.
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