What does UK ruling on definition of woman mean for trans rights?

LONDON - British public bodies, including hospitals, are reviewing guidance on sex and gender after a top court said the definition of a woman under the Equality Law is based on biological sex - excluding trans women with gender recognition certificates.

Wednesday's landmark ruling was in response to a lawsuit brought by campaign group For Women Scotland (FWS) against the devolved Scottish government over 2018 guidance that said a trans woman with a gender recognition certificate was legally a woman.

The state-run National Health Service (NHS) is now reviewing its guidance on same-sex accommodation in clinical settings, a government spokesperson told Context.

Women's rights campaigners have said the ruling will bring clarity to the question of who can access single-sex spaces, such as refuges and hospitals, across England, Wales and Scotland. Trans activists fear rights could be eroded.

When the Supreme Court judge delivered his ruling, he said it did not represent "a triumph of one or more groups in our society at the expense of another".

Here's everything you need to know.

What is the Equality Act 2010 and what prompted the lawsuit?

The Equality Act protects individuals from discrimination based on nine characteristics, including sex, sexual orientation, and gender reassignment.

The law covers direct and indirect incidents, such as harassment or victimisation, across multiple areas like employment, housing, education and transport.

In 2018, the devolved Scottish government issued guidance to accompany a law designed to increase the number of women on public sector boards, stating that a trans woman with a gender recognition certificate was legally a woman.

Campaign group FWS challenged the guidance, arguing the Equality Act should only apply to biological sex, but lost the case in the Scottish courts. The group was granted an appeal last year.

How will the ruling affect trans people?

The Supreme Court judgment states the new interpretation will not "have the effect of disadvantaging" trans people, as they are still protected against discrimination, including on the basis of their gender identity, under the characteristic of gender reassignment.

However it could change how the 2004 Gender Recognition Act and Equality Act interact, which has long been unclear, and affect what legal rights trans women have as women.

The Gender Recognition Act enables people whose gender identity does not correspond to the sex originally registered on their birth certificate to obtain a gender recognition certificate that provides legal recognition in their acquired gender.

The British government previously said the Gender Recognition Act was intended to change a person's legal sex for the purposes of equality law.

In 2022, the government said it was still possible under the Equality Act to exclude trans people from single-sex services if there was a "proportionate" way to meet a genuine need.

Wednesday's ruling could tighten restrictions on single-sex spaces, including changing rooms, homeless shelters, hospital wards or hostels.

The spokesperson for the Labour government said NHS Trusts, which run hospitals and health services, should "follow the clarity" provided by the ruling.

"The NHS is currently reviewing their 'Delivering same-sex accommodation' guidance which details how trans patients should be placed in clinical settings, alongside women feeling confident," the spokesperson told Context.

Susan Smith, co-director of FWS, said the ruling would make women feel safe, adding that Scottish ministers would have to "stop pushing faulty guidance into schools and hospitals".

Trans access to single-sex spaces, as well as to female categories of sport, has become an increasingly divisive issue across the world.

Prime Minister Keir Starmer said last year he disagreed with trans women being on all-female wards or refuges but wished the issue to be resolved with "respect and dignity".

Kishwer Falkner, chairwoman of the Equality and Human Rights Commission (EHRC), the equalities watchdog, said on Thursday she thought the ruling would affect trans women's participation in female categories of sport and access to changing rooms.

How have rights groups responded?

Simon Blake, CEO of LGBTQ+ rights group Stonewall, said the ruling would be "incredibly worrying" for the trans community.

Activist group Scottish Trans said the ruling "undercuts" the Gender Recognition Act and accused the court of not listening to trans activists.

"Trans people need to be able to recover on hospital wards, use toilets, go swimming and access services just like anyone else," said Vic Valentine, manager of Scottish Trans.

Refuge, Britain's largest domestic abuse charity for women, said it would not change the way it operated.

"We remain firmly committed to supporting all survivors of domestic abuse, including trans women," said CEO Gemma Sherrington in a statement.

This story was updated on April 17 to add latest government reaction.

(Reporting by Lucy Middleton; editing by Jonathan Hemming.)