UK Supreme Court backs ‘biological’ definition of woman in bombshell ruling

Britain’s highest court has ruled on what the definition of a woman is after a case brought by campaigners opposed to some trans rights.

In a blow for transgender people, the UK’s highest court has said that a woman is defined by her sex at birth.

JK Rowling, author of the Harry Potter series and a prominent anti-trans activist, has said the ruling was due to “an army” of female campaigners and had protected the “rights of women and girls”.

But Britain’s Supreme Court stressed laws preventing discrimination against people who were trans remained in place.

Judge Lord Hodge said it was “not a triumph of one or more groups in our society at the expense of another”, while Downing Street said the ruling brought “clarity”.

An LGBTI campaign group, however, condemned the outcome, describing it as an “incredibly worrying” development for transgender people and a “huge blow to some of the most marginalised people in our society”.

“Today’s Supreme Court ruling feels really heavy, uncertain and quite frankly, f***ing dark,” British model and transgender activist Munroe Bergdorf wrote on Instagram.

“A lot of us are feeling overwhelmed, anxious and struggling to remain hopeful under what feels like an endless barrage of systemic hatred.”

Activists celebrate after hearing the outcome of the Supreme Court's ruling on how to define a 'woman' in London on April 16. Picture: Henry Nicholls/AFP

The case came about because the Scottish Government had argued trans women with a valid gender recognition certificate (GRC) could be afforded the same rights as all women under the Equality Act.

A GRC can be issued by the UK government to people who are living as a different gender to their biological sex so long as they have been doing so for at least two years, have a diagnosis of gender dysphoria and medical reports from two doctors.

Campaign group For Women Scotland fought the Scottish Government’s decision in the Scottish courts and lost, eventually bringing the case to Britain’s Supreme Court.

That court said Edinburgh’s “interpretation is not correct”.

While someone might possess a certificate saying they live as a female and they assert that gender that, “does not come within the definition of a ‘woman’ under the Equality Act 2010,” the ruling said.

The Equality Act, the judges said “makes clear that the concept of sex is binary, a person is either a woman or a man”.

It means a trans woman with a GRC cannot claim she is being discriminated against if she is barred from female only spaces like, for instance, domestic violence shelters and toilets.

A sign is held outside the Supreme Court by an activist from Scotlands 'Women's Rights Network'. Picture: Dan Kitwood/Getty Images

However, Lord Hodge said trans people were a “vulnerable and often harassed minority”, who “struggle against discrimination and prejudice as they seek to live their lives with dignity”.

The Supreme Court also stressed that “trans people are protected from discrimination on the grounds of gender reassignment”.

‘Extraordinary’: JK Rowling weighs in

Ms Rowling, who lives in Scotland and is an ardent campaigner against trans rights, lauded the outcome.

“It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK,” she wrote on X.

Co-director of For Women Scotland Susan Smith said it had been a “really long ride”.

“Today, the judges have said what we always believed to be the case: that women are protected by their biological sex.

“Women can now feel safe that services and spaces designated for women are for women”.

Harry Potter author JK Rowling welcomed the ruling. Picture: Tolga Akmen/AFP

Trans British model Munroe Bergdorf asked trans people to hold one another close. Picture: Gareth Cattermole/Getty Images

The Scottish government said it accepted the verdict and would focus on “protecting the rights of all”.

The UK Labour government said the ruling brought “clarity and confidence for women and service providers such as hospitals, refuges, and sports clubs”.

“We have always supported the protection of single-sex spaces based on biological sex,” a government spokesman said.

LGBTI campaign group Stonewall said the court’s decision was “incredibly worrying” for trans Britons.

“Stonewall shares the deep concern at the widespread implications for today’s ruling from the Supreme Court.

“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.”

However, The LGB alliance, a campaign group that specifically excludes trans people, said it was “delighted”.

“The ruling … makes it absolutely clear that lesbians wishing to form associations of any size are lawfully entitled to exclude men,” chief executive Kate Barker said.

Scottish Greens MSP Maggie Chapman, a prominent campaigner for trans rights, echoed the sentiment.

“This is a deeply concerning ruling for human rights and a huge blow to some of the most marginalised people in our society,” Ms Chapman said.

“It could remove important protections and will leave many trans people and their loved ones deeply anxious and worried about how their lives will be affected and about what will come next.”

– with AFP.

Originally published as UK Supreme Court backs ‘biological’ definition of woman in bombshell ruling