The law is clear on women’s rights
When an organisation takes action to meet the needs of women as a group, this means female people.
It doesn’t include men who identify as women.
The law is clear
The terms “sex”, “woman” and “man” in the Equality Act 2010 refer to biological sex.
Core to the For Women Scotland judgment was the finding that action to address disadvantage or under-representation faced by women must relate to biological females, not to a group defined by gender identity. As the judgment said:
“Whereas the interests of biological women (or men) can be rationally considered and addressed, and likewise, the interests of trans people (who are vulnerable and often disadvantaged for different reasons), we do not understand how the interests of this heterogenous group can begin to be considered and addressed.”
The Supreme Court concluded that when it comes to positive action and to the public sector equality duty, actions to address the particular needs, disadvantages or participation levels of women as a group:
“is undermined if women as a group includes trans women… (in other words, biological men).”
This could not be clearer. It means that men who identify as women or girls cannot be lawfully included in the category of people meant to benefit from policies and programmes to meet the needs of women or girls.
A programme or award open only to those who are “female-identifying”, or a public policy targeting this group, is not lawful, as it excludes some female people and includes some male people.
Transgender people are protected against discrimination and harassment, but this does not mean that “trans women are women” nor that anyone must pretend that they are.
Organisations must act now!
Policies, projects and programmes that are “for women” must be for women.
Equality impact assessments must be clear about the two sexes.
Data collectors that hold personal information should make sure it is accurate. If they are collecting data to monitor their impact on women as part of the public sector equality duty, it must be based on biological sex.
What you can do
- Make sure that programmes and policies “for women” are based on biological sex.
- Find and use equality impact assessments to demand that women’s interests and needs are taken seriously.
- Read and use our guidance on collecting data on sex.