LONDON – The United Kingdom’s Supreme Court has ruled that a woman is defined by “biological sex” under the country’s equality law – excluding transgender women
– in a case that is expected to impact accommodations for trans women in bathrooms, hospital wards, sports clubs and more.
The court ruling on Wednesday is limited to defining the term “woman” within the country’s Equality Act 2010, meaning trans women are no longer protected from discrimination as women, although they remain protected from discrimination in other forms.
But in practice, the impacts of the ruling are likely to be wider than the court suggested. The UK’s equalities regulator has said it will issue new guidance on single-sex spaces following the decision. The ruling has also energized the polarized debate surrounding transgender rights. Judges said the ruling should not be seen as the victory of one side over another. But trans rights advocacy groups have called that “an insult” and condemned the court decision as exclusionary, contradictory and concerning for the trans and non-binary communities.
The group of women’s rights campaigners that brought the case, For Women Scotland, popped champagne corks outside the court and said it was grateful for a decision that recognized the need for protections based on biological differences. The head of the UK’s Equality and Human Rights Commission said Thursday that it will issue new guidance on single-sex spaces by this summer. Those spaces will likely include women-only bathrooms, changing rooms, hospital wards, hostels, prisons, sports clubs, domestic violence women’s shelters and more.
Kishwer Falkner, the chair of the Equality and Human Rights Commission, said in an interview with the BBC on Thursday that “the ruling is enormously consequential,” and it brings “clarity” that “single-sex services like changing rooms, must be based on biological sex.” Falkner said that trans people can advocate for neutral third spaces, such as unisex toilets or changing rooms, given that “the law is quite clear” that they “should not be using that single-sex facility.” Falkner also said the UK’s National Health Service must update its guidance on single-sex medical wards to be based on biological sex. Current NHS policy is that trans people should be accommodated according to the way they dress, their names and their pronouns. (CNN)