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The UK Supreme Court has ruled that the terms "woman" and "sex" in the Equality Act 2010 refer to biological women and biological sex, not individuals who identify as women.
This decision was made in the case of For Women Scotland Ltd v The Scottish Ministers, where the court interpreted the Equality Act to determine if trans women with a Gender Recognition Certificate (GRC) are considered women for all purposes within the Act's provisions. The court concluded that¹:
- *Biological Sex*: The court's judgment emphasizes that a person's biological sex at birth is a key factor in determining their sex under the Equality Act.
- *GRC*: While a GRC changes a person's legal sex for certain purposes, the court's ruling suggests that this change may not affect all provisions of the Equality Act.
- *Implications*: The decision has implications for the rights and protections of both women and trans individuals, highlighting the complexities of balancing these interests.
The ruling is based on a statutory interpretation of the Equality Act 2010 and the Gender Recognition Act 2004. The court's decision provides clarity on the meaning of "woman" and "sex" within the context of the Equality Act, but also acknowledges the potential controversy and complexity surrounding these definitions.