The UK Supreme Court has ruled that the definition of a woman is based on biological sex at birth. 

The unanimous decision comes after campaign groups challenged the Scottish government’s interpretation of anti-discrimination legislation, which applies to Scotland, England and Wales. 

The dispute related to a bill passed by the Scottish government in 2018 that targeted gender balance on public sector boards.

For Women Scotland (FWS) launched a legal challenge and said ministers had included trans people as part of the quota, the BBC reports.

Campaign group FWS has welcomed the Supreme Court’s ruling, but Scottish politicians say it is a major blow for human rights

Image credits: BBC

The Scottish government said the legal definition of women included trans women with gender recognition certificates (GRC) and won the most recent court case in Scotland. 

In December 2022, Lady Haldane ruled that the definition of sex was “not limited to biological or birth sex.”

Announcing the Supreme Court ruling Wednesday, Lord Hodge said: “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.

“But we counsel against reading this judgement as a triumph of one or more groups in our society at the expense of another, it is not.”

Five judges made the decision after they were asked to define whether sex meant biological sex or legally certified sex. 

The ruling means women with GRCs are not legally defined as women under the Equality Act. But trans people are still protected against discrimination, indirect discrimination and harassment under the law.

FWS, backed financially by author J. K. Rowling, celebrated the ruling outside of court and said there would be an “ongoing fight” for which they had a “concrete basis.” 

Women For Scotland Director Marion Calder celebrated the ruling outside the Supreme Court on Wednesday

Image credits: Dan Kitwood / Getty Images

Susan Smith of FWS said: “What our politicians need to get their heads around is this is the law. They need to stop putting faulty guidance into schools and hospitals.”

The UK government said the ruling brings clarity, especially around single-sex spaces.

“We have always supported the protection of single-sex spaces based on biological sex,” a spokesperson said.

“This ruling brings clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs.

“Single-sex spaces are protected in law and will always be protected by this government.”

Single-sex spaces referred to in the ruling include medical or counselling services provided only to females (or men), homeless hostels, changing rooms and segregated swimming areas. 

The Scottish Greens Party has described the ruling as “deeply concerning for human rights.”

“This is a deeply concerning ruling for human rights and a huge blow to some of the most marginalized people in our society,” Scottish MP Maggie Chapman said. 

“It could remove important protections and will leave many trans people and their loved ones deeply anxious and worried about how their lives will be affected and about what will come next.

“Trans people just want to be able to live their lives like any of us, without the fear of prejudice or violence, but today they have been badly let down.”

Image credits: MaggieChapman

Scottish Trans also posted on social media, urging people not to panic.

“We’d urge people not to panic – there will be lots of commentary coming out quickly that is likely to deliberately overstate the impact that this decision is going to have on all trans people’s lives,” the group said. 

“We’ll say more as soon as we’re able to. Please look out for yourselves and each other today.”

Scotland’s First Minister John Swinney said in a statement on X: “The Scottish Government accepts today’s Supreme Court judgement. 

“The ruling gives clarity between two relevant pieces of legislation passed at Westminster. We will now engage on the implications of the ruling. 

“Protecting the rights of all will underpin our actions.”