The UK Supreme Court on Wednesday ruled that the legal definition of a "woman" is determined by a person's sex assigned at birth. The top court ruled that the legal definition of "woman" excludes trans women. In a landmark decision, all five judges of the court agreed that the terms "woman" and "sex" in the UK’s 2010 Equality Act refer specifically to biological sex and a biological woman, said Justice Patrick Hodge.
Justice Hodge further said that the act also "gives transgender people protection" against discrimination in their acquired gender, AFP reported.
The case was brought before the court by gender-critical campaigners from Scotland. The five-judge panel gave a unanimous decision, which the UK government praised for providing "clarity" to the debate.
The Scottish government and the campaign group For Women Scotland (FWS) had fought the case against each other for years, with Scottish courts initially ruling in favour of the government. Later, FWS appealed to the Supreme Court, challenging a lesser-known law intended to increase the number of women in public-sector bodies.
Dozens of FWS supporters and other gender-critical campaigners, who maintain that biological sex cannot be changed, celebrated the ruling with cheers, hugs, and tears outside the court.
"This has been a rough ride," said Susan Smith, co-director of For Women Scotland, AFP reported.
"Today, the judges have said what we always believed to be the case: that women are protected by their biological sex," she added.
"Women can now feel safe that services and spaces designated for women are for women".
The judges ruled that the UK Equality Act means trans women can be excluded from some groups and single-sex spaces, such as changing rooms, homeless shelters, swimming areas and medical or counselling services provided only to women.
The ruling means that a transgender person with a certificate that recognises them as female should not be considered a woman for equality purposes.
Notably, the legal challenge was initially rejected in 2020, but the FWS was permitted to take its case to the country's top court last year.
(With inputs from AP, AFP)