The ruling goes further than campaigners had anticipated, in that it is an unambiguous statement from the court that sex-based rights under the Equality Act are based on biological sex.
Although the ruling does not erase all protections for trans people, trans campaigners have expressed fear and concern that the ruling “undermines vital human rights”.
The Supreme Court ruled that the terms “woman” and “sex” in the Equality Act refer to a biological woman and biological sex.
He said: “The terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.”
Who brought the challenge – and who is claiming a win
Their legal challenges were rejected in Scottish courts but FWS were given permission to appeal to the UK Supreme Court.
While Lord Hodge said Wednesday’s ruling should not be considered a triumph of one group over another, campaigners supporting FWS have described the outcome as a victory.
Susan Smith, left, and Marion Calder, right, co-directors of For Women Scotland, celebrate outside the Supreme Court (Photo: Lucy North/PA Wire)Edinburgh-based trans rights charity Scottish Trans urged people “not to panic” after the ruling.
“Today’s ruling undermines the vital human rights of my community to dignity, safety and the right to be respected for who we are,” Gomersall added.
But Ruth Crawford KC, for the Scottish Government, said a person who becomes a woman “in consequence of a GRC” is entitled to those protections “just as much as others enjoy those protections who are recorded as a woman at birth”.
The court was also told that since the Gender Recognition Act was passed in 2004, 8,464 people in the UK had obtained a GRC.
What happens now?
The outcome is likely to be used by campaigners to further press the Government over its wider policies and guidance.
Campaigners from For Women Scotland (FWS) outside the Supreme Court in London (Photo: Lucy North/PA Wire)
On the provision of single-sex services, the written Supreme Court judgment gives examples including rape or domestic violence counselling, domestic violence refuges, rape crisis centres, female-only hospital wards and changing rooms.
Politically, this outcome could also spell trouble for Sir Keir Starmer, who could now face uproar from the left of his party and campaigners alike.
What happened before today?
The matter first came to court in 2022 when FWS successfully challenged the Gender Representation on Public Boards (Scotland) Act 2018 over its inclusion of trans women in its definition of women.
Following the challenge, the Scottish Government dropped the definition from the Act and issued revised statutory guidance – essentially, advice on how to comply with the law.
FWS challenged this revised guidance on the grounds sex under the Equality Act referred to its biological meaning, and the Government was overstepping its powers by effectively redefining the meaning of “woman”.
The Inner House upheld that decision on 1 November, 2023 – but granted FWS permission to appeal to the UK Supreme Court.
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