Supreme Court: Trans Women Are Not Women Under Equality Law

In a controversial decision, the UK Supreme Court has ruled that the word “woman” in the Equality Act refers exclusively to individuals who were biologically born female.

The judgment means that individuals who have legally changed their gender are not considered women under this law.

The ruling arose from a case originating in Scotland. In 2018, the Scottish Parliament passed a law requiring that 50 percent of members on public boards be women.

That law also included trans women in its definition of “women.” However, it was swiftly challenged by the women’s rights group For Women Scotland (FWS), which argued that the law exceeded the Scottish Parliament’s authority.

Trina Budge, head of FWS, previously stated:
“When you detach the definition of sex from its original meaning, it means that public boards could consist of 50 percent men and 50 percent men with papers (saying they are women) without actually meeting the goals of women’s equality.”

FWS received backing from several prominent figures, including Harry Potter author J.K. Rowling, who has emphasized that the rights of transgender people must not infringe upon the rights of those born female.

By contrast, Amnesty International has argued that excluding trans women from legislation aimed at preventing discrimination contradicts fundamental human rights.

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