By Shane Croucher is a Breaking News Editor based in London, UK. He has previously overseen the My Turn, Fact Check and News teams, and was a Senior Reporter before that, mostly covering U.S. news and politics. Shane joined Newsweek in February 2018 from IBT UK where he held various editorial roles covering different beats, including general news, politics, economics, business, and property. He is a graduate of the University of Lincoln, England. Languages: English. You can reach Shane by emailing s.croucher@newsweek.com Writers Page
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The U.K. Supreme Court has ruled that the definition of a woman under the country's equality law refers to biological sex.
The landmark ruling means that a transgender person with a certificate that recognizes them as female should not be considered a woman for equality purposes.
Justice Patrick Hodge said five judges at the court had ruled unanimously that "the terms 'woman' and 'sex' in the Equality Act refer to a biological woman."
Why it Matters
The ruling brings some clarity in the U.K. to a controversial issue that has roiled politics as women, parents, LGBTQ+ groups, lawmakers and athletes have debated gender identity rights.
It symbolizes the turning tide on the transgender issue, also seen in the U.S., where the Trump Administration has shifted policy back towards the biological understanding of gender to protect the female and male categories as immutable.
What to Know
The case stems from a 2018 law passed by the Scottish Parliament stating that there should be a 50 percent female representation on the boards of Scottish public bodies. That law included transgender women in its definition of women.
The challenge was rejected by a court in 2022, but the group was granted permission last year to take its case to the U.K. Supreme Court.
The top court said equality law would be "incoherent and unworkable" if it relied on an interpretation of sex that was based on gender certification instead of human biology.
However, the justices said a biological interpretation does not remove protection against discrimination from trans people.
"Trans people are protected from discrimination on the ground of gender reassignment. They are also able to invoke the provisions on direct discrimination and harassment, and indirect discrimination on the basis of sex," the court said.
What People Are Saying
Susan Smith, co-director of For Women Scotland, which brought the case, said: "Everyone knows what sex is and you can't change it. It's common sense, basic common sense and the fact that we have been down a rabbit hole where people have tried to deny science and to deny reality and hopefully this will now see us back to, back to reality."
Simon Blake, chief executive of Stonewall, an LGBTQ advocacy group, said: "It will be incredibly worrying for the trans community and all of us who support them. It's important to be reminded the court strongly and clearly reaffirmed the Equality Act protects all trans people against discrimination, based on gender reassignment, and will continue to do so."
What's Next
The British and Scottish governments have welcomed the clarity provided by the Supreme Court and said they will work to implement the ruling.
This article includes reporting by The Associated Press.
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