In a unanimous ruling, the UK Supreme Court affirmed that under the Equality Act 2010, ‘woman’ refers exclusively to biological females. This landmark ruling which came from five judges on Wednesday, may influence how businesses and institutions manage access to single-sex services and facilities.
The judgement which supports For Women Scotland’s (FWS) position, introduces legal clarity that may reshape corporate diversity policies, service access protocols, and pay equity framework. The decision which is in favour of FWS, rejects the position that Gender Recognition Certificate (GRSs) holders are automatically recognized as women under the Equality Act.
“The unanimous decision of this court is that the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological women and biological sex,” said Deputy President of the Supreme Court, Justice Patrick Hodge. “We counsel against reading this judgment as a triumph of one or more groups in our society at the expense of another. It is not.”
The Supreme Court’s decision is being viewed as a reversal for transgender rights campaign and is expected to influence case law related to employment equity, gender-based accommodations, and diversity-driven hiring initiatives. LGBTQ+ advocates cautioned that the decision may restrict trans women’s access to women-only services.
Despite the narrowed legal definition of ‘sex,’ the court emphasized that transgender individuals retain full protection under the Equality Act through the provision related to ‘gender reassignment.’ The decision also standardizes the definition of sex for transgender men. JK Rowling, author and long-time supporter of FWS, described the judgement as a pivotal step in upholding the legal rights of women and girls nationwide.
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