Court rules trans women aren’t legally women under Equality Act
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The UK Supreme Court has ruled that the Equality Act's definition of a woman is based on biological sex.
Five judges unanimously decided that transgender women with a Gender Recognition Certificate (GRC) should not be treated as women under the 2010 Equality Act.
The ruling is in response to a challenge by For Women Scotland (FWS) regarding the inclusion of transgender women with GRCs in the 50 per cent female quota for public boards in Scotland.
The court's decision has implications for how sex and gender are legally defined and applied across UK law, potentially affecting transgender women's rights to use single-sex spaces and services.
The case originated in 2022 when FWS challenged a Scottish law including transgender women in the definition of "woman" for public board representation, leading to the Supreme Court appeal.