The meaning of “sex” – in the UK and Australia

Posted on April 22, 2025 
Filed under Culture wars, Resources

“A high profile decision from the UK Supreme Court this week, For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16 (16 April 2025) (‘FWS’), holds that the word ‘sex’ as used in the UK anti-discrimination legislation the Equality Act 2010 (UK) (‘the EA 2010’), means biological sex, and that the term does not change its meaning in relation to those who have obtained a gender recognition certificate (‘GRC’) under the Gender Recognition Act 2004 (UK) (‘the GRA 2004’).

In the circumstances of this case, this meant that where a ‘quota’ had been established for certain governance roles requiring 50% of non-executive members to be women, that quota could not be met by including those with an ‘acquired gender’ of female due to their holding a GRC.

But the ramifications of the decision go far beyond the specific quota legislation. …”

– Associate Professor in Law Neil Foster writes at Law and Religion Australia.