The latest ruling by the UK Supreme Court implies that that a transgender person, with a certificate that recognises them as female, should not be considered a woman for equality purposes.
The UK Supreme Court on Wednesday ruled that the terms ‘woman’ and ‘sex’ in the Equality Act refer to a biological woman and biological sex. The ruling thus implies that a transgender person with a certificate that recognises them as female should not be considered a woman for equality purposes. However, the court in its ruling also stressed that the latest verdict “does not remove protection from trans people,” who are “protected from discrimination on the ground of gender reassignment”.
Background of the case
The case originates from a 2018 law passed by the Scottish Parliament, which said that there should be a 50% female representation on the boards of Scottish public bodies. The law included transgender women in its definition of women.
It was challenged by For Women Scotland (FWS), a women’s rights group, as it argued that its redefinition of woman went beyond parliament’s powers.
However, the Scottish officials responded with the issuance of new guidance, emphasising that the definition of woman included someone with a gender recognition certificate.
The FWS further asserted in its argument that the outcome of the case could have consequences in Scotland, England and Wales for sex-based rights as well as single-sex facilities such as toilets, hospital wards and prisons.
While the group’s challenge to the law was rejected by a court in 2022, it was granted permission last year to take its case to the Supreme Court.
Here’s what women’s rights group said in court
Aidan O’Neill, who served as a lawyer for FWS, told the Supreme Court judges — three men and two women — that under the Equality Act, “sex” should refer to biological sex and as understood “in ordinary, everyday language”.
“Our position is your sex, whether you are a man or a woman or a girl or a boy, is determined from conception in utero, even before one’s birth, by one’s body,” he added.
Moreover, opponents, which also included Amnesty International, asserted that excluding transgender people from sex discrimination protections conflicted with human rights laws.
