In a landmark judgment, the United Kingdom’s highest court ruled that the legal definition of “woman” excludes trans women, CNN reported.
Britain’s Supreme Court unanimously ruled that the definition of a woman in equality legislation refers to “a biological woman and biological sex” only. The case centered on whether trans women with a gender recognition certificate (GRC)—which offers legal recognition of someone’s female sex—are protected from bias as a woman under the nation’s Equality Act 2010.
Justice Lord Patrick Hodge insisted that the court’s interpretation of the Equality Act 2010 “does not remove protection from trans people,” with or without a GRC document. A trans woman could claim discrimination on the grounds of gender reassignment, and because “she is perceived to be a woman,” he added. However, LGBTQ+-rights organization Stonewall said the UK Supreme Court’s decision was “incredibly worrying for the trans community.”
In 2018, a Scottish group brought a challenge, arguing that those rights should only apply to those assigned as women at birth. However, the Scottish government said that a trans woman with a GRC is legally a woman and should be afforded the same legal protections, resulting in the UK Supreme Court hearing the case.
Harry Potter author JK Rowling—an anti-trans activist who backed the For Women Scotland group in the group’s legal challenge against the Scottish government—praised the women, according to the BBC.
The full 88-page judgement is here.
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