Trans women are not 'biological' women, UK Supreme Court rules

Trans women are not 'biological' women, UK Supreme Court rules
Transgender pride flags. Credit: Flickr / Ted Eytan

Transgender women cannot legally be defined as "biological women", the United Kingdom's Supreme Court ruled on Wednesday.

The court stated that the legal definition of a woman is based on biological sex.

"The definition of sex in the Equality Act 2010 makes it clear that the concept is binary: a person is either a woman or a man," the court declared.

The ruling follows a challenge by the advocacy group For Women Scotland (FWS) against the Scottish Government's recognition of transgender women with a Gender Recognition Certificate (GRC) as women.

FWS argued that not linking the definition of sex to its "common meaning" could have significant implications for sex-based rights and everyday segregated services, such as toilets and hospital wards.

The case first went to court in 2022, when the group successfully contested the Scottish Gender Representation on Public Boards Act 2018, which included transgender women in the definition of women.

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