"The concept of sex is binary" - UK Supreme Court

This update concerns a significant judgment delivered today by the UK Supreme Court in the case of For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16.

The concept of sex is binary according to UK judges

The UK Supreme Court Ruling

The UK's highest court unanimously ruled that, for the specific purposes of the UK Equality Act 2010 (EqA 2010), the terms "woman" and "sex" refer to biological woman and biological sex.

The case originated from a dispute concerning Scottish legislation aiming for gender balance on public boards, and whether trans women holding a Gender Recognition Certificate (GRC) should be counted as "women" under the definition provided by the EqA 2010. The Supreme Court concluded that interpreting "woman" under the EqA 2010 to include those with a GRC was not correct.

The Court emphasised that this interpretation applies specifically to the EqA 2010. It also noted that transgender individuals continue to be protected from discrimination under the separate protected characteristic of "gender reassignment" within that same Act. The ruling provides specific clarity within the UK legal system regarding the application of the EqA 2010, particularly concerning single-sex provisions.

Potential Relevance and Broader Trends

This UK ruling contributes to the ongoing international discussion regarding the legal definitions related to sex and gender identity. While legal systems vary significantly between jurisdictions, major legal developments in influential countries like the UK can sometimes signal or influence broader legal thinking and trends internationally, as seen not only in this UK ruling but also in policy shifts impacting gender recognition and rights initiated via recent executive orders in the United States following the change in administration. Therefore, such developments are monitored for any potential long-term relevance they might have in other contexts, including Malta.

Our Advice

Ten Yards Legal continues to monitor significant legal developments both in Malta and internationally that could potentially influence the landscape of employment and equality law.

We remain available to advise you on all aspects of Maltese employment law and ensure your practices are fully compliant with current local legislation. Should you have any questions or require specific advice, please do not hesitate to contact us.