UK Supreme Court Judges to Deliver Verdict on Definition of a 'Woman'
- The UK Supreme Court is set to rule on the definition of a woman, with implications for transgender rights and sex-based protections across the UK
- The case centres on whether "sex" in the Equality Act refers to biological sex or legally recognised sex through a gender recognition certificate
- A ruling in favour of the Scottish government could impact single-sex spaces, maternity policies, equal pay, and participation in sports
The UK Supreme Court is set to deliver its verdict on the legal definition of a woman, marking the end of a lengthy legal battle between the Scottish government and a women's rights group.
The ruling, due to be announced at 09:45, is expected to have profound implications on the application of sex-based rights across Scotland, England, and Wales.
Source: Getty Images
Transgender rights and legal definition of sex
The central issue revolves around the interpretation of the 2010 Equality Act, which prohibits discrimination based on characteristics such as "sex" and "gender reassignment."
The Scottish government asserts that transgender individuals who have obtained a gender recognition certificate (GRC) should be entitled to sex-based protections, while the women's rights group, For Women Scotland, argues that such protections should only apply to individuals born female.
The decision will address whether the term "sex" in the Equality Act refers to biological sex or legal sex as defined by the 2004 Gender Recognition Act, which allows for individuals to legally change their gender through the issuance of a GRC.
This ruling could affect a range of issues, including access to single-sex spaces and services, equal pay claims, maternity policies, and participation in sports events, BBC News reported.
Legal arguments: Transgender rights vs biological sex
The Scottish government maintains that the 2004 Gender Recognition Act is clear: once a person has obtained a GRC, they are legally considered to have changed their sex for all purposes.
Government lawyer Ruth Crawford KC told the court, "A person who has become the sex of their acquired gender is entitled to the protections of that sex."
Source: Getty Images
However, Aidan O'Neill KC, representing For Women Scotland, argued for a more traditional interpretation of the terms "man" and "woman."
O'Neill emphasised that sex is an "immutable biological state" and should not be altered by legal recognition through a GRC.
The case has drawn intense attention due to the ongoing debate over gender and sex-based rights, The Independent reported.
How the gender dispute began
The legal conflict began in 2018 when the Scottish Parliament passed a law aimed at ensuring gender balance on public sector boards. For Women Scotland objected to the inclusion of transgender people within the gender quotas established by the bill.
After a series of legal challenges in Scottish courts, the matter was escalated to the UK Supreme Court for a final ruling.
For Women Scotland has warned that a decision in favour of the Scottish government could have significant consequences for single-sex spaces and services such as hospital wards, prisons, and women’s refuges.
"If the court sides with the government, it will undermine the integrity of single-sex spaces," said a spokesperson for the group.
Wider implications for transgender rights and discrimination
Transgender rights groups, on the other hand, have expressed concerns that a ruling in favour of For Women Scotland could erode the protections they currently have under the law.
Amnesty International has described the case as a potential "thin end of the wedge" that could undermine the rights of other minority groups protected by the Equality Act.
The Equality and Human Rights Commission (EHRC) has called for legal reforms in light of the case, arguing that the current legal framework needs to adapt to the evolving understanding of gender and sex.
Trump declares only 2 genders in US
Previously, Legit.ng reported that President Donald Trump said the United States under his administration would only recognise two genders—male and female. Trump stated this during his inauguration speech on Monday, January 20, 2025.
Trump stated this during his inauguration speech on Monday, January 20, 2025.
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Ezra Ukanwa (Politics and Current Affairs Editor) Ezra Ukanwa is a Reuters-certified journalist with over 5 years of professional experience. He holds a Bachelor of Science in Mass Communication from Anchor University, Lagos. Currently, he is the Politics and Current Affairs Editor at Legit.ng, where he brings his expertise to provide incisive, impactful coverage of national events. Ezra was recognized as Best Campus Journalist at the Anchor University Communications Awards in 2019 and is also a Fellow of the Nigerian Institute of Management (NIM). Contact him at: ezra.ukanwa@corp.legit.ng or +2349036989944
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