Pride In Moray and Highland Pride react with disappointment to Supreme Court ruling that references to women and sex in Equality Act 2010 mean biological sex

LGBTQ+ groups have hit out at a landmark court ruling today that solidified references to “woman” and “sex” in the Equality Act 2010 as meaning biological sex.

After multiple appeals, the case between the Scottish Government and campaign group For Women Scotland was ruled on by the Supreme Court this morning, with the court reaching a unanimous decision.

Early indicators are that the ruling will affect trans women’s access to services like hospitals and refuges, as well as sports club, with many sporting governing bodies already having taken steps to ban trans women from competing at elite and recreational levels over recent years.

Lord Hodge said in the ruling: “It’s the unanimous decision of this court that the terms ‘woman’ and ‘sex’ refer to a biological woman and biological sex in the Equality Act.

“But we counsel against reading this judgement as a triumph of one or more groups in our society at the expense of another.

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“The Equality Act 2010 gives transgender people protection not only against discrimination through the protected characteristic of gender reassignment, but also against direct discrimination, indirect discrimination and harassment in substance in their acquired gender.

“This is the application of the principle of discrimination by association.

“Those statutory protections are available to transgender people, whether or not they possess a gender recognition certificate.”

North-based LGBTQ+ groups have expressed their dismay at the ruling, with Pride In Moray chairperson Robert Andrew commenting: “The decision shows no support for our trans sisters. The trans community are very much part of our community, and very much people, so I’m saddened by the decision that has been made by the courts.

“If any trans people in our community need our support, they are always welcome to contact us.

“We as a team are always happy to listen, and there are also different services that we can signpost people to.

“We as a committee will happily support anyone, and we will always advocate for people.”

Mr Andrew’s counterpart at Highland Pride, Simon Allison, added: “We are disappointed and dismayed to hear the outcome of today’s ruling by the UK Supreme Court.

“As Highland Pride we have a charitable purpose to advance the wellbeing of the LGBTQ+ community in the Highlands, and our work is focused on ensuring that one day the LGBTQ+ community will achieve an equality of belonging in an inclusive Scotland.

“We will continue our work to support all members of our community, and to ensure that members of the trans community feel safe and welcome in the Highlands.”

Equality Network subsidiary Scottish Trans also released a statement in the wake of the ruling, saying: “We are really shocked by today’s Supreme Court decision - which reverses 20 years of understanding on how the law recognises trans men and women with gender recognition certificates.

“The judgement seems to have totally missed what matters to trans people - that we are able to live our lives, and be recognised, in line with who we truly are.

“We will continue working for a world in which trans people can get on with our lives with privacy, dignity and safety. That is something that we all deserve.”