The United Kingdom’s top court on Wednesday upheld an appeal by the campaign group For Women Scotland on whether transgender women are legally women under equality legislation, but it said trans people would not be disadvantaged by its landmark decision.
The unanimous judgment from five Supreme Court justices related to whether a trans woman with a gender recognition certificate (GRC), a formal document that gives legal recognition of someone’s new gender, is protected from discrimination as a woman under Britain’s Equality Act.
For Women Scotland had argued rights under the Equality Act should only apply based on a person’s assigned sex at birth. It had challenged guidance issued by the devolved Scottish government that accompanied a 2018 law designed to increase the proportion of women on public sector boards.
Scottish ministers’ guidance on that law stated that a trans woman with a full GRC was legally a woman.
“The terms ‘women’ and ‘sex’ in the Equality Act 2010 refer to a biological woman and biological sex, but we counsel against reading this judgment as a triumph for one or more groups in our society at the expense of another. It is not,” said Patrick Hodge, deputy president of the Supreme Court.
Critics of the Scottish law had said its definition could impact single-sex services for women such as refuges, hospital wards and sports.
Hodge said the interpretation of the Equality Act “does not cause disadvantage to trans people, whether or not they possess a gender recognition certificate.”
“Trans people have the rights which attach to the protected characteristic of gender reassignment,” he said.
Susan Smith, co-director of FWS, told cheering supporters outside court that “women can now feel safe that services and spaces designated for women are for women.”
‘Another attack’ on transgender rights: campaigner
Transgender campaigners had said if the court ruled in favour of For Women Scotland, it could lead to discrimination against those with gender recognition certificates, especially over employment issues.
“Today is a challenging day, and we are deeply concerned at the widespread, harmful implications of today’s Supreme Court ruling,” a consortium of 2SLGBTQ+ organizations, including prominent group Stonewall, said in a statement.
“We need to take the time to digest the full implications of the ruling and to understand what this will mean on both legal and practical levels … it is important to be reminded that the Supreme Court reaffirmed that the Equality Act protects trans people against discrimination.”
Transgender woman and campaigner Ellie Gomersall said it was “another attack on the rights of trans people to live our lives in peace.”
Author J.K. Rowling, a prominent voice in the debate in Britain in recent years, was among those welcoming Wednesday’s ruling.
Ruling brings clarity: government
Britain’s Labour government said the Supreme Court’s decision would bring clarity for hospitals, refuges and sports clubs.
“Single-sex spaces are protected in law and will always be protected by this government,” a government spokesperson said.
Read the U.K. Supreme Court ruling:
Some legal experts said the ruling showed equality legislation might need to be urgently updated to ensure trans people were protected.
“In the short term, this ruling has the power to create further division and increase tensions,” said Phillip Pepper, employment partner at law firm Shakespeare Martineau.
“However, it will offer long-term clarity for businesses which have been left to interpret ambiguous, contradictory legislation on their own until this point, potentially landing in hot water as a result.”
