JK Rowling has welcomed a landmark judgment by the Supreme Court ruling that the definition of a woman is based on biological sex.
Lord Hodge said that five Supreme Court justices had unanimously decided that 'the terms woman and sex in the Equality Act refer to a 'biological woman and biological sex'.
He recognised 'the strength of feeling on both sides' and cautioned against seeing the judgment as a triumph for one side over another, stressing that the law still gives trans people protection against discrimination.
Rowling, author of the Harry Potter books, posted on X: 'It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK. @ForWomenScot, I'm so proud to know you.'
She later added: 'Trans people have lost zero rights today, although I don’t doubt some (not t all) will be furious that the Supreme Court upheld women’s sex-based rights.'
In an 88-page ruling published today, 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 was celebrated by women's rights groups who opened a bottle of champagne. Pictured: Susan Smith (centre left), Marion Calder (centre right) and Helen Joyce (right)
Harry Potter author JK Rowling, pictured in March 2022, has welcomed today's ruling
The Supreme Court has announced that the definition of a woman is based on biological sex in a landmark ruling. Pictured: Campaign group For Women Scotland celebrating the judgement
Lord Hodge said that five Supreme Court justices had unanimously decided that 'the terms woman and sex in the Equality Act refer to a 'biological woman and biological sex'
Marion Calder (centre), Helen Joyce (centre left) and Maya Forstater (left) celebrate outside the Supreme Court
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.
The Scottish government argued that such people are entitled to sex-based protections, while campaign group For Women Scotland (FWS) claimed they only apply to people that are born female.
The action sought to overturn a decision by the Scottish courts in 2023 which found that treating someone with a GRC as a woman under the Equality Act was lawful. The outcome will have implications in England, Scotland and Wales.
In handing down the court's judgement, Lord Hodge said: 'The unanimous decision of this court is that the terms 'woman' and 'sex' in the Equality Act 2010 refer to biological woman and biological sex.'
'In a judgement written by Lady Rose, Lady Simler and myself, with whom Lord Reed and Lord Lloyd-Jones agree, we unanimously allow the a...
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