What Is A ‘Woman’ Under UK Law? Whats Is The Real Meaning Of Woman, What It Means For Transgender People?

In a landmark decision, the UK Supreme Court on Wednesday ruled that the legal definitions of “woman” and “sex” under the Equality Act 2010 refer to biological sex. The ruling comes amid a long-standing legal dispute in Scotland surrounding sex-based protections and transgender rights.

The five-judge bench, led by Deputy President Lord Patrick Hodge, delivered a unanimous verdict on the appeal filed by the campaign group For Women Scotland. The group had challenged the Scottish government’s interpretation that transgender women with a Gender Recognition Certificate (GRC) were entitled to sex-based protections under the act.

“Sex Is Binary,” Says Supreme Court

“The Supreme Court unanimously allows the appeal. It holds that the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological sex,” the judgment stated.

The court clarified that although the word “biological” is not explicitly used in the Equality Act, its ordinary interpretation makes it clear that sex is defined by biological characteristics. “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 court observed.

Lord Hodge 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.”

Implications for Trans Rights and Legal Protections

While the judgment restricts the legal definition of sex to biological criteria, the court reiterated that transgender individuals still have legal protection from discrimination.

A Gender Recognition Certificate allows trans individuals to legally change their gender. According to the Gender Recognition Act 2004, an adult can obtain a GRC after proving they have gender dysphoria, have lived as their acquired gender for at least two years, and intend to continue doing so permanently.

Scottish Government Responds

Scottish First Minister John Swinney acknowledged the court’s decision and stated that the government would respect the ruling. “The Scottish Government accepts today’s Supreme Court judgement. The ruling gives clarity between two relevant pieces of legislation passed at Westminster,” he said.

“We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions,” he added.

Campaigners Hail Clarity

Women’s rights campaigners have long expressed concerns over the dilution of protected spaces for biological women. They argued that including trans women in legal definitions could open doors to abuse. The court’s ruling, seen as a decisive moment in this debate, may influence future legal interpretations across the UK.

The judgment concluded: “Men and women are on the face of the definition only differentiated as a grouping by the biology they share with their group.”