The UK Supreme Court has unanimously backed the biological definition of “woman” under the 2010 Equality Act.
It marks the culmination of a long-running legal battle which could have major implications for how sex-based rights apply across Scotland, England and Wales.
Judges sided with campaign group For Women Scotland, which brought a case against the Scottish government arguing that sex-based protections should only apply to people that are born female.
Judge Lord Hodge said the ruling should not be seen as a triumph of one side over the other, and stressed that the law still gives protection against discrimination to transgender people.
UK Supreme Court rules legal definition of a woman is based on biological sex
The Scottish government argued in court that transgender people with a gender recognition certificate (GRC) are entitled to the same sex-based protections as biological women.
The Supreme Court was asked to decide on the proper interpretation of the 2010 Equality Act, which applies across Britain.
Lord Hodge said the central question was how the words “woman” and “sex” are defined in the legislation.
He told the court: “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.”
He added that the legislation gives transgender people “protection, not only against discrimination through the protected characteristic of gender reassignment, but also against direct discrimination, indirect discrimination and harassment in substance in their acquired gender”.
