Statement on For Women Scotland’s win in the Supreme Court

We welcome the unanimous ruling of the Supreme Court this morning that sex in the Equality Act is a lifelong, fixed biological characteristic. The decision by the UK’s highest court provides definitive protection to women and girls, gives clarity to organisations, and clears up the confusion created by the Scottish Government in earlier rounds of this case.

This judgment further reinforces that the Equality Act does not, and never has, allowed for the self-identification of sex under the Act. Nonetheless, policies based on self-identification remain in place across the UK, in hospitals, police forces, schools and prisons. The UK and devolved governments, and the Equality and Human Rights Commission, need to take responsibility for their role in this, take urgent steps to clear up the confusion, and ensure the ruling has effect on the ground.

The general ruling that there is no need for legislation to disapply the Gender Recognition Act 2004 expressly is also significant. It will therefore also now be important to consider carefully the implications of the judgment for legislation other than the Equality Act.