The UK’s Supreme Court on Wednesday, the 16th of April, in a landmark decision, ruled that the definition of a woman under equality law covers “biological sex”, but said that transgender people would not be disadvantaged by the decision, reports Reuters.
For Women Scotland said it was grateful for the decision, which came after a “long road of legal battles”, while the charity Scottish Trans urged people “not to panic”.
The Supreme Court was considering whether a transgender woman who holds a Gender Recognition Certificate, which legally recognises a person’s new gender, is protected from discrimination as a woman under the UK Equality Act.
The campaign group For Women Scotland argued that rights under the Equality Act should only apply on the basis of a person’s biological sex. It challenged Scottish Government guidance that was included in the 2018 Act, which aimed to increase the number of women in public office.
The Scottish Ministers’ guidance states that a transgender woman with a gender recognition certificate is legally a woman.
After For Women Scotland lost in the Scottish courts, the group appealed the decision to the High Court, which ruled in their favour and the decision was greeted with cheers outside the building.
“The unanimous decision of this court is that the terms ‘women’ and ‘sex’ as used in the Equality Act 2010 refer to biological women and biological sex,” said Patrick Hodge, Deputy President of the Supreme Court.
“But we do not accept that this judgment should be read as a triumph for one or more groups in our society at the expense of others,” he added.
Critics of the Scotland Act argued that the definition could affect same-sex services for women, such as refuges, hospitals and sports facilities.
But trans campaigners said that if the court rules in favour of For Women Scotland, it could lead to discrimination against those with a gender recognition certificate, particularly in employment.
“A correct interpretation of the Equality Act (EA) in relation to biological sex does not disadvantage transgender people whether or not they have a Gender Recognition Certificate,” said Hodge, adding that transgender people are protected by the laws relating to gender reassignment.
Lawsuits have begun in the US after President Donald Trump signed executive orders banning transgender people from serving in the military.
UK Supreme Court rules that the legal definition of a woman is based on biological sex
