UK Supreme Court delivers rare ruling: Defines ‘Woman’ by biological sex

The United Kingdom’s Supreme Court has delivered a landmark ruling, declaring that under the Equality Act 2010, the term “woman” refers specifically to individuals born female. According to a report by CNN, the court unanimously held that legal definitions of “man,” “woman,” and “sex” in the act are based on biological sex — not gender identity.

The ruling comes after a group of campaigners in Scotland challenged the legal interpretation back in 2018. They argued that legal protections meant for women should apply exclusively to those assigned female at birth. The Scottish government, however, maintained that transgender women with a Gender Recognition Certificate (GRC) should be legally recognized as women and receive the same protections under the law.

What Did the Supreme Court Say?

In its verdict, the court stated:

“The Supreme Court unanimously allows the appeal. It holds that the terms ‘man,’ ‘woman,’ and ‘sex’ in the EA 2010 refer to biological sex.”

The joint judgment from Lord Hodge, Lady Rose, and Lady Simler emphasized that sex, as defined in the Equality Act, is binary — a person is either a man or a woman, based on biological characteristics. Although the word "biological" doesn’t explicitly appear in the law, the court noted that its ordinary, plain meaning aligns with biological sex.

“Men and women are, on the face of the definition, distinguished only by the biology they share with their respective group,” the ruling explained.

What About Transgender Protections?

The court was clear that transgender individuals remain protected under the Equality Act 2010. Regardless of whether a person has a Gender Recognition Certificate (GRC), they are still covered by the Act’s provisions on indirect discrimination.

The ruling stated:

“Transgender people (whether or not they hold a GRC) are protected by the indirect discrimination provisions of the EA 2010. They are protected both as a group sharing the characteristic of gender reassignment and where they experience disadvantages shared with members of the sex they identify with or their biological sex.”

In other words, while the legal definition of “woman” under the Act is rooted in biological sex, the law still shields transgender individuals from discrimination based on their gender reassignment and shared disadvantages.