The UK Supreme Court has ruled that a woman is someone born biologically female, and that transgender women are excluded from that legal definition. Photo: Shutterstock.
The UK Supreme Court has today unanimously ruled that the legal terms “woman” and “sex” in the Equality Act (2010) refer to a biological woman and biological sex, and does not include transgender women who hold gender recognition certificates (GRCs).
The case was brought by the campaign group For Women Scotland (FWS), which challenged Scottish Government’s position that sex can be changed via the gender recognition process, and that someone with a gender recognition certificate should have the protections of that sex.
Reading out the ruling, Lord Hodge cautioned that it should not be taken as a triumph for one group in society over another, and that trans people are a "vulnerable and often harassed minority", who "struggle against discrimination and prejudice as they seek to live their lives with dignity".
The MU stands against hate and discrimination of any kind
Although the protected characteristic of gender reassignment in relation to the Equality Act is not affected by this specific ruling, the MU is urgently seeking information on what this means for trans members, and investigating the potential wider ramifications.
The MU stands against hate and discrimination of any kind, and any members who have suffered harassment or discrimination should contact their regional office for advice and support.
Alternatively, members may wish to visit our Safe Space hub, which provides an opportunity for musicians to anonymously share instances of sexism, sexual harassment and sexual abuse in the music industry.
External resources
- Switchboard: A national LGBTQIA+ support line. For anyone, anywhere in the country, at any point in their journey.
- Mermaids: Leading UK trans advocacy and support charity.
- MindOut: Mental health service run by and for lesbians, gay, bisexual, trans and queer people with experience of mental health issues.
- TransActual: Trans advocacy organisation.
- Galop: The UK’s LGBT+ anti-abuse charity, working with and for LGBT+ victims and survivors of abuse and violence.
- Stonewall: LGBT+ rights organisation.
- Come Play With Me: MU partner and non-profit music development organisation, fighting for an equitable, inclusive and diverse music industry.