In a landmark ruling, UK Supreme Court Judge Lord Hodge has announced that the Equality Act’s definition of a woman is based on biological sex.
According to the BBC, the ruling stemmed from an appeal before Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lady Rose and Lady Simler which was heard in November 2024.
The decision came following a lengthy legal case between the Scottish government and the women’s rights group For Women Scotland regarding equalities legislation.
In the 88-page ruling, Lord Hodge, Lady Rose and Lady Simler said, “The definition of sex in the Equality Act 2010 makes clear that the concept of sex is binary; a person is either a woman or a man”.
“The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex,” Lord Hodge said.
Lord Hodge, however, counseled not to see this as a triumph for one side over another and stressed the law still gives trans people protection against discrimination, whether or not they have a Gender Recognition Certificate (GRC).
“Trans people are protected from discrimination on the grounds of gender reassignment,” the judges said.
The ruling also said trans women can claim sex discrimination because they are perceived to be women. A GRC is not required to give this legal protection.
The ruling has elicited reactions, with leaders and rights groups commenting on it.
A UK government spokesperson said the ruling has brought clarity and confidence for women and providers in hospitals and refuges.
