In a landmark decision, the Supreme Court of the United Kingdom delivered a unanimous ruling Wednesday, defining “woman” as someone born biologically female. This determination effectively excludes transgender women from being legally recognized as women for certain purposes.
The court’s five judges concluded that under the U.K.’s Equality Act, transgender women may be rightfully excluded from single-sex spaces and groups. These include facilities like changing rooms, homeless shelters, swimming areas, and healthcare or counseling services specifically designated for female individuals.
Even those transgender people who possess certificates formally recognizing them as female will not be considered women under the legal framework established by this ruling.
However, Justice Patrick Hodge emphasized that the decision “does not remove protection from trans people,” asserting their continued safeguarding against discrimination based on gender reassignment.
“Interpreting ‘sex’ as certificated sex would undermine the very definitions of ‘man’ and ‘woman,’ leading to an illogical and incoherent understanding of the protected characteristic of sex, creating disparate groupings,” Hodge stated.
Outside the courtroom, women’s rights advocates celebrated the court’s decision.
“Everyone understands what sex is; it’s immutable,” declared Susan Smith, co-director of For Women Scotland, the organization that initiated the legal challenge. “It’s a matter of common sense. We’ve been led astray by those who sought to disregard scientific and factual realities, but hopefully this marks our return to reason.”
Legal experts anticipate challenges moving forward. Hannah Ford, an employment lawyer, acknowledged the ruling would offer clarity on a contentious issue in the U.K., but warned it represents a significant setback for transgender rights.
“There will be an uphill battle to ensure workplaces remain inclusive and supportive environments for trans people,” Ford commented to Sky News.
She further stated, “This decision is deeply disheartening for the trans community.”
The Associated Press contributed reporting to this article.
