The UK Supreme Court has today delivered a significant ruling clarifying the legal meaning of “sex” and “woman” under the Equality Act 2010, stating unequivocally that these terms refer to biological sex.
In a unanimous 88-page judgment, the court ruled that:
“The definition of sex in the Equality Act 2010 makes clear that the concept of sex is binary, a person is either a woman or a man.”
The judgment, delivered by Lord Hodge, Lady Rose and Lady Simler, stressed that the ordinary and unambiguous meaning of the words “man” and “woman” align with biological sex. While the word “biological” is not explicitly stated in the Equality Act, the court concluded that it is inherently implied.
“Although the word ‘biological’ does not appear in this definition, the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman.”
This ruling provides crucial legal clarity for the interpretation and application of sex-based protections under the Act, particularly for women’s rights groups and service providers navigating questions around single-sex spaces, equality policies, and data collection.
However, the court was careful to strike a balanced tone, urging the public not to weaponise the decision:
“We counsel against reading this judgment as a triumph of one or more groups in our society at the expense of another – it is not.” — Lord Hodge
The implications of this decision could be far-reaching, particularly for organisations working in equality, diversity, and inclusion, and for those seeking to navigate a respectful balance between sex-based rights and gender identity.
We will continue to monitor how this ruling is interpreted in practice and what impact it may have across different sectors.
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