“By confirming that’sex’ in the Equality Act 2010 means ‘biological sex,’ the Supreme Court has secured women’s sex-based rights – rights.
To which they have always been entitled as a matter of law,” said Lara Brown, Senior Research Fellow for Culture and Identity at Policy Exchange.
Although this is a positive development, the subject of “what is a woman?” should never have been left to the courts.
“The Scottish Ministers would never have been able to give illegal advice on the matter if the Government had used.
Their statutory powers to clarify that sex in the Equality Act 2010 means biological sex, as Policy Exchange demanded in 2023.”