'Woman' refers to biological sex under equality laws: UK Supreme Court

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UK Supreme Court on Wednesday ruled that a woman is someone born biologically female under the UK equality laws.

The ruling imply that a transgender person with a certificate that recognizes them as female should not be considered a woman for equality purposes.

However, the court added that its ruling “does not remove protection from trans people,” who are “protected from discrimination on the ground of gender reassignment.”

The five judges bench made this observation while hearing a case that stems from a 2018 law passed by the Scottish Parliament stating that there should be a 50% female representation on the boards of Scottish public bodies. That law included transgender women in its definition of women.

Women Scotland (FWS), a women's rights group, had challenged that law, arguing that its redefinition of woman went beyond parliament's powers but Scottish officials then issued new guidance stating that the definition of woman included someone with a gender recognition certificate.

The group had said the outcome of the case could have consequences in Scotland, England and Wales for sex-based rights as well as single-sex facilities such as toilets, hospital wards and prisons.

The challenge was rejected by a court in 2022, but the group was granted permission last year to take its case to the Supreme Court.

Meanwhile, opponents including Amnesty International, said excluding transgender people from sex discrimination protections conflicted with human rights laws.

Amnesty submitted a brief in court saying it was concerned about the deterioration of the rights for trans people in the U.K. and abroad.