For Women Scotland’s Susan Smith and Marion Calder celebrated outside court after their appeal was upheld. | Dan Kitwood/Getty Images
By Sana Noor Haq | CNN
The United Kingdom’s highest court ruled that the legal definition of “woman” excludes trans women, in a case with sweeping consequences for how equality laws are applied.
Britain’s Supreme Court ruled unanimously that the definition of a woman in equality legislation refers to “a biological woman and biological sex,” sparking celebrations outside court among gender-critical campaigners but warnings it was a “worrying” development for transgender people.
The case centered on whether trans women with a gender recognition certificate (GRC) – which offers legal recognition of someone’s female sex – are protected from discrimination as a woman under the nation’s Equality Act 2010.
A group of campaigners in Scotland brought a challenge in 2018, arguing that those rights should only safeguard those assigned as women at birth. But the Scottish government said that a trans woman with a GRC is legally a woman and should therefore be afforded the same legal protections.
Even though the case stems from a dispute over Scottish laws designed to increase the number of women sitting on boards, the outcome on Wednesday will shape the increasingly fractious and polarizing debate over transgender rights across the UK.
The UK’s ruling Labour party said the ruling brought “clarity and confidence” while the opposition Conservatives called it a “clear victory for common sense,” urging the government to amend existing guidance.
The five judges ruled in favor of For Women Scotland (FWS) – which proposed that not linking the legal definition of gender to biological sex would have repercussions on designated single-sex services, including changing rooms, hostels and communal accommodation.
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