(UPI) — April 16 The Supreme Court of the United Kingdom ruled on Wednesday that trans women are not legally considered women under the British Equality Act.
The judge determined that the “meaning of the terms ‘sex,’ ‘man’ and ‘woman’ in the [Equality Act 2010] refer to biological sex, as any other interpretation would render the [Equality Act 2010] incoherent and impracticable to operate.”
It also concluded that someone who has a Gender Reassignment Card for the female gender does not meet the definition of a woman under the Equality Act 2010.
The EA 2010 legally protects individuals in British society from discrimination.
For Women Scotland, a Scottish campaign group, filed a lawsuit against the Scottish government, arguing in court that trans people with a Gender Reassignment Card have the same sex-based protections as biological women.
The Scottish Parliament previously decided in 2018 that in its Gender Representation on Public Boards Act, the definition of a woman included people “with the protected characteristic of gender reassignment,” people “living as a woman,” and those “proposing to undergo, undergoing, or having undergone a gender reassignment process.”
For Women Scotland, which states on its website that it believes “that there are only two sexes, that a person’s sex is not a choice, nor can it be changed,” went to Britain’s Supreme Court to solidify a concrete interpretation of the 2010 Equality Act, which would apply throughout the United Kingdom.
The court ruled in their favor, holding that “a person with a GRC in the female gender does not come within the definition of a woman under” Britain’s Equality Act, and that “the statutory guidance issued by the Scottish Ministers is incorrect.”
This interpretation of the EA 2010 does not remove trans people’s protections, and it states that “trans people are protected from discrimination on the ground of gender reassignment,” as well as “able to invoke the provisions on direct discrimination and harassment, and indirect discrimination on the basis of sex.”
According to the court, “a trans woman can claim sex discrimination because she is perceived to be a woman.”
As a result of this decision, trans women in Britain will no longer be able to serve on public boards in places designated for women. It may also result in additional restrictions on transgender people in areas officially reserved for women, as well as the rewriting of British gender recognition laws.
