'Victory for common sense': Minister welcomes Supreme Court ruling on definition of a woman

Ms Smyth told LBC's Nick Ferrari: "Clarity was long overdue and the Supreme Court provided that clarity on the Equality Act, which is welcome."

Nick asked whether the ruling was a victory for common sense, to which she replied: "Yes, I think it was."

The UK’s highest court unanimously ruled that the terms woman and sex in the Equality Act “refer to a biological woman and biological sex”.

The dispute centred on whether someone with a gender recognition certificate (GRC) recognising their gender as female should be treated as a woman under the UK 2010 Equality Act.

In a ruling on Wednesday, five justices ruled that a GRC does not change a trans person’s legal sex under the Equality Act.

Delivering the judgment Lord Hodge said the “central question” is how the words “woman” and “sex” are defined in the 2010 legislation.

He continued: “The terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.”

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Nick asked the health minister how this ruling will affect the NHS, running of hospitals and placing of patients in wards.

Ms Smyth said: "For trans women and for trans men, the NHS was already looking at the guidance that was in place to make sure that they also receive treatment that they need, that they have privacy and dignity respected within the guidelines, which were that if people do go to hospital, if they are on a ward, should be in a single sex space. So that was already being looked at clearly."

She continued to say it is clear the judgment is "important" and the NHS like every other public body will make sure it is compliant with the law.

She added: "We're also very clear that we want to make sure that everybody has the right care in the right place that respects their privacy and dignity."

The Supreme Court ruling on the legal definition of a woman will be considered as NHS officials update guidance on same-sex wards.

Current NHS England guidance on the issue is laid out in a document from 2019 titled Delivering Same-sex Accommodation.

The document states: “Trans people should be accommodated according to their presentation: the way they dress, and the name and pronouns they currently use.”

It adds it “does not depend on their having a gender recognition certificate or legal name change”.

The previous government set out plans to give hospital patients in England the right to request to be treated on single-sex wards with transgender people placed in rooms on their own.

But the proposed changes to the NHS Constitution appear to have been shelved, with the current government saying it is “considering next steps for the 10-year review of the NHS Constitution” and will “provide an update shortly”.

In February, the government responded to a petition dubbed “do not stop transgender people from receiving care in mainstream hospital wards”, which was signed by more than 17,500 people.

In response to the petition, officials said: “The government is clear that all patients, including transgender patients, deserve to be treated with compassion, dignity and respect when in the receipt of NHS services.

“In 2024, the previous government consulted on a series of proposed updates to the NHS Constitution as part of its statutory requirement to complete a review every 10 years. This included a proposal to update the existing pledge on sleeping accommodation.

“We appreciate the time and care spent by everyone who contributed to the consultation at the time. Following the general election in 2024, the government is considering next steps and will provide an update shortly.”

A UK government spokesperson said: “We have always supported the protection of single sex spaces based on biological sex.

“This ruling brings clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs.

“Single-sex spaces are protected in law and will always be protected by this government.”