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In a landmark ruling, the United Kingdom’s Supreme Court on Wednesday stated that transgender women do not fall under the legal definition of "woman" as per the country's 2010 Equality Act. The unanimous decision by the court clarifies that terms like "woman" and "sex" are rooted in biological identity, not gender recognition certificates.
Deputy President of the court, Lord Hodge, who announced the verdict, said, “The unanimous decision of this court is that the terms ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological women and biological sex.” This interpretation reinforces the view that legal protections and definitions must strictly adhere to biological distinctions.
The case stems from a prolonged legal dispute regarding whether transgender women, including those who have legally changed their gender, qualify under the female category for purposes such as single-sex spaces, maternity benefits, and equal pay protections.
While the court affirmed the biological basis of the terms, it emphasized that transgender individuals are still protected under existing anti-discrimination laws. The judgment stressed that it should not be seen as a "triumph" of one societal group over another, and acknowledged the vulnerabilities faced by the transgender community.
Lord Hodge noted that it was not the role of the judiciary to create new policies balancing the rights of different groups but to interpret the laws as enacted by Parliament. He also paid tribute to the long-standing struggles of women for equality while recognizing the challenges faced by transgender people.
The ruling is expected to have significant implications for the interpretation of the Equality Act across Britain, affecting issues related to access to single-sex spaces, employment rights, and public services.