UK Supreme Court Says Trans Women Are Not Legally Women Under Equality Act - The New York Times


AI Summary Hide AI Generated Summary

Key Ruling

The UK Supreme Court unanimously decided that the terms 'woman' and 'sex' within the 2010 Equality Act refer to biological sex, not gender identity.

Impact

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.

Court's Position

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.

Government Response

The UK government supports the ruling, stating it brings clarity to single-sex spaces based on biological sex.

Sign in to unlock more AI features Sign in with Google

The Supreme Court in Britain ruled on Wednesday that trans women do not fall within the legal definition of women under the country’s 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 women’s 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 “single-sex spaces based on biological sex” and that the ruling brought “clarity and confidence” around the provision of services in hospitals, domestic violence shelters and sports clubs.

What did the court say?

The deputy president of the court, Lord Patrick Hodge, said on Wednesday: “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.”

He added: “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.” He said that trans people would continue to have protections against discrimination, but that it would be under the protected characteristic of “gender reassignment” rather than sex.

We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.

Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.

Thank you for your patience while we verify access.

Already a subscriber? Log in.

Want all of The Times? Subscribe.

🧠 Pro Tip

Skip the extension — just come straight here.

We’ve built a fast, permanent tool you can bookmark and use anytime.

Go To Paywall Unblock Tool
Sign up for a free account and get the following:
  • Save articles and sync them across your devices
  • Get a digest of the latest premium articles in your inbox twice a week, personalized to you (Coming soon).
  • Get access to our AI features

  • Save articles to reading lists
    and access them on any device
    If you found this app useful,
    Please consider supporting us.
    Thank you!

    Save articles to reading lists
    and access them on any device
    If you found this app useful,
    Please consider supporting us.
    Thank you!