The UK Supreme Court has ruled that trans women are not classified as “women” under the Equality Act 2010. The decision arose from a legal challenge by the campaign group For Women Scotland against the Scottish Government’s plans to include trans women in gender balance targets for public boards. The court unanimously concluded that the terms “woman” and “sex” in the Act refer specifically to biological women and biological sex. Lord Hodge stated: “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.” Although the judges said that trans women could not be discriminated against, the ruling means they will no longer be treated the same as people born female. The verdict could have far-reaching implications for various pieces of legislation and bills currently under consideration by the Scottish Parliament, including the Gender Representation on Public Boards (Scotland) Act 2018. The ruling may also impact discussions around single-sex spaces and equal pay claims, as well as the ongoing employment tribunal involving nurse Sandie Peggie and trans doctor Beth Upton at NHS Fife.
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