The United Kingdom’s Supreme Court ruled that the terms “man” and “woman” refer to biological sex. Transgender “women” are not legally considered women.
The judgment concludes a legal battle over whether a biological man identifying as a woman can be considered female under the Equality Act 2010.
While “woman” legally refers to biological sex, a press summary for the judgment notes that transgender individuals “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. In the light of case law interpreting the relevant provisions, a trans woman can claim sex discrimination because she is perceived to be a woman.”
“The unanimous decision of this court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex,” Deputy President of the Supreme Court Patrick Hodge said upon delivering the judgment. “Therefore, a person with a Gender Recognition Certificate in the female gender does not come within the definition of a ‘woman’ under the Equality Act 2010 and the statutory guidance issued by the Scottish ministers is incorrect.”
Conservative Party Leader Kemi Badenoch celebrated the ruling in a statement on X, declaring that the phrase “trans women are women” was “never true in fact and now isn’t true in law, either.”
“A victory for all of the women who faced personal abuse or lost their jobs for stating the obvious,” she wrote. “Women are women and men are men: you cannot change your biological sex.”