The UK Supreme Court unanimously decided that the terms 'woman' and 'sex' within the 2010 Equality Act refer to biological sex, not gender identity.
This ruling affects access to single-sex services like domestic violence shelters and impacts equal pay claims. It's a setback for transgender rights advocates.
The court clarified that its interpretation is limited to the Equality Act and doesn't comment on broader societal definitions of gender or sex. Transgender individuals retain protections under the 'gender reassignment' category.
The UK government supports the ruling, stating it brings clarity to single-sex spaces based on biological sex.
The Supreme Court in Britain ruled on Wednesday that trans women do not fall within the legal definition of women under the countryâs equality legislation.
The landmark judgment, which said that the legal definition of a woman is based on biological sex, is a blow to campaigners for transgender rights. It could have far-reaching consequences on the operation of single-sex services like domestic violence shelters, as well as on equal pay claims. And it comes amid intense public debate over the intersection of transgender rights and womenâs rights.
However, the five judges involved in the ruling emphasized that they were not commenting more broadly on whether trans women are women, saying it was not the role of the court to adjudicate on the meaning of gender or sex. Instead, the judgment is limited to the precise interpretation of language in the 2010 Equality Act, which aims to prevent discrimination.
The decision will likely be welcome news for Prime Minister Keir Starmer of Britain. Some legal scholars had theorized that the court might refuse to rule and instead force his government to weigh in on a thorny and divisive issue. The government said in a statement Wednesday that it had always supported the protection of âsingle-sex spaces based on biological sexâ and that the ruling brought âclarity and confidenceâ around the provision of services in hospitals, domestic violence shelters and sports clubs.
The deputy president of the court, Lord Patrick Hodge, said on Wednesday: âThe unanimous decision of this court is that the terms âwomanâ and âsexâ in the Equality Act 2010 refer to biological women and biological sex.â
He added: âWe counsel against reading this judgment as a triumph of one or more groups in our society at the expense of another. It is not.â He said that trans people would continue to have protections against discrimination, but that it would be under the protected characteristic of âgender reassignmentâ rather than sex.
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