The UK Supreme Court has today ruled that the terms ‘sex’, ‘man’ and ‘woman’ in the Equality Act 2010, the UK’s equalities legislation, refer to the person’s biological sex (i.e, the sex of a person at birth).
In a detailed judgment in For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent), the court unanimously decided, having undertaken an exercise in statutory interpretation, that these terms do not extend to include certificated sex (i.e, the acquired sex or gender of trans men and trans women who have obtained a Gender Recognition Certificate (GRC) under applicable law).
However, the court also noted that trans men and trans women have other protections under the legislation:
“The interpretation of the [Equality Act 2010] (ie the biological sex reading), which we conclude is the only correct one, does not cause disadvantage to trans people, with or without a GRC. In the light of case law interpreting the relevant provisions, they would be able to invoke the provisions on direct discrimination and harassment, and indirect discrimination. A certificated sex reading is not required to give them those protections.”
