In an 88-page ruling, the justices said: ‘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 decision could have far-reaching implications on how sex-based rights apply, including how women-only spaces are allowed to operate.
Conservative leader Kemi Badenoch praised the ruling as a ‘victory’ for women and said it meant the ‘era of Keir Starmer telling us women can have penises has come to an end’.
The judgement marks the culmination of a long-running legal battle between the Scottish government and a women’s group over the definition of a ‘woman’ in Scottish legislation mandating 50 per cent female representation on public boards.
The case centred on whether somebody with a gender recognition certificate (GRC) recognising their gender as female should be treated as a woman under the 2010 Equality Act.
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