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In a unanimous decision on Wednesday, the U.K. Supreme Court determined that transgender women are not legally considered “women” under the nation’s equality laws. This ruling contributes to a growing trend of diminished protections for transgender individuals worldwide.
The court clarified that the term “sex” within the 2010 Equality Act in Britain is limited to “biological women” or “biological sex.” This exclusion could limit transgender women’s access to services and spaces specifically for women, such as charities, sports, and hospitals.
Last November, the Scottish government argued that transgender individuals with a Gender Recognition Certificate (GRC)—a document that provides legal recognition of a person’s gender in the U.K. and allows them to update documents like birth certificates—are protected by the law.
Lord Patrick Hodge, the Deputy President of the Supreme Court, stated that the ruling wasn’t a victory for either side. He emphasized that the law still protects transgender individuals from discrimination and harassment related to gender reassignment. However, including transgender people in the definition of “sex” in the Act would grant them “greater rights,” particularly concerning pregnancy and maternity leave.
For Women Scotland, a group backed by J.K. Rowling that opposes transgender rights and asserts the existence of only two sexes, hailed the decision as a “victory for women’s rights.” This group spearheaded the legal challenge.
Trina Budge, director of For Women Scotland, stated after the ruling: “There’s absolute clarity in law regarding what a woman is. When we see a women-only space it means exactly that. Just women, no men, not even if they have a gender recognition certificate.”
Transgender activists claim the court’s decision underscores the growing influence of the anti-transgender movement. Imara Jones, CEO of TransLash Media, a news organization focused on transgender issues, said, “By ruling that the U.K.’s Equality Act’s definition of woman excludes trans women, the decision will likely boost American efforts to narrow legal concepts of gender—both legally and through regulations.” She added, “No doubt we will see the U.K. ruling cited in court cases and state legislatures in the United States and ultimately .”
The impact on transgender rights is already being felt in the U.S., where state lawmakers have introduced a record number of anti-transgender bills in recent years. President Donald Trump reinforced these efforts early this year by issuing an Executive Order that would restrict the definition of sex to that which is assigned at birth. The move would bar transgender people from updating their gender marker on federal documents such as a passport.
The Administration has also limited transgender women from playing on sports teams that align with their gender and attempted to bar gender-affirming-care for minors, the latter of which is at the center of a U.S. Supreme Court ruling expected to come down this summer.
At least one British politician has suggested that the U.K. should adopt similar policies. Parliament Member Rupert Lowe wrote on Wednesday, “Now – let’s keep men out of women’s sports and spaces. We must prioritise safety over inclusivity, dignity over wokery, reality over ideology.” In May 2024, the National Health Service (NHS) of England announced that puberty blocker medications will no longer be available for trans youth because they claimed there was a lack of evidence in support of such medication. By contrast, every major medical association in the U.S. advocates for the benefits of gender-affirming-care.
Amnesty International U.K. called Wednesday’s decision “disappointing.”
Despite similarities between the U.S. and U.K., there remain differences in legal protections for the transgender community. Amnesty International U.K. pointed out that transgender individuals in the U.K. still have protections under the “gender reassignment” category of the Equality Act.
Meanwhile, Laurel Powell, a spokesperson for the Human Rights Campaign, told TIME in an emailed statement, “the United States Supreme Court ruled in Bostock v. Clayton County—and lower courts have repeatedly affirmed—that our federal sex discrimination laws extend to transgender people.” She added, “Today’s ruling does not change the fact that trans women are women, that trans men are men, and that they deserve to be recognized and protected for who they are. That was true yesterday, and it will be true tomorrow.”
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