UK Supreme Court Rules “Woman” in Equality Act Refers Only to Biologically Female Individuals, Excluding Transgender Women

The United Kingdom’s Supreme Court has delivered a significant ruling regarding the definition of “woman” under the country’s equalities legislation. On Wednesday, the court unanimously decided that the terms “woman” and “sex” in the Equality Act 2010 are to be interpreted as referring to individuals born biologically female. This decision clarifies the legal interpretation of gender and sex within the context of the law.

Justice Patrick Hodge, speaking on behalf of the five-judge panel, emphasized that the ruling specifically pertains to the interpretation of the Equality Act. The court’s decision indicates that transgender individuals, even those with official certificates recognizing them as female, do not fall under the legal definition of “woman” for the purposes of equality legislation. This interpretation is expected to have implications for how gender and sex are understood in legal contexts across the United Kingdom.

The case that prompted this ruling originated from a 2018 law enacted by the Scottish Parliament. This law aimed to ensure gender parity by mandating 50% female representation on the boards of Scottish public bodies. Notably, the Scottish legislation included transgender women within its definition of women, a point that was challenged and ultimately led to the Supreme Court’s involvement.

The Supreme Court’s decision underscores the ongoing legal and societal debates surrounding gender identity and equality. By defining “woman” strictly as someone born biologically female, the ruling delineates the boundaries of gender recognition within the framework of the Equality Act. This decision is likely to influence future legislative and judicial considerations regarding gender and equality in the UK.