"It is Biological": UK Court Rules on Legal Definition of Woman

"It is Biological": UK Court Rules on Legal Definition of Woman

  • Judges at the UK Supreme Court ruled that the term "woman" under the Equality Act 2010 refers to biological sex, siding with campaign group For Women Scotland
  • While reaffirming protections for transgender individuals, the court emphasised that sex-based rights should apply exclusively to those born female
  • The ruling has sparked widespread debate, with supporters celebrating clarity in single-sex spaces while critics warn of potential setbacks for transgender rights

Judges at the UK Supreme Court have unanimously ruled that the term "woman" under the Equality Act 2010 refers to biological sex.

The decision, which marks the culmination of a long-running legal battle, sided with campaign group For Women Scotland, who argued that sex-based protections should apply exclusively to individuals born female.

UK Supreme Court has ruled that the term "woman" under the Equality Act 2010
UK Supreme Court has ruled that the term "woman" under the Equality Act 2010. Photo credit: Peter Dezeley/GettyImages
Source: Getty Images

According to BBC, the ruling has significant implications for how sex-based rights are applied across Scotland, England, and Wales.

Transgender protections remain in place

While the court clarified that biological sex defines "woman" under the law, Judge Lord Hodge emphasised that transgender individuals remain protected against discrimination.

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He stated that the Equality Act provides safeguards through the protected characteristic of gender reassignment, ensuring protection against direct and indirect discrimination as well as harassment.

Reactions to the supreme court decision

Campaigners from For Women Scotland celebrated the ruling, describing it as a victory for women’s rights and the integrity of single-sex spaces.

First Minister John Swinney acknowledged the judgement, stating that the Scottish government would engage with its implications while ensuring the protection of all individuals.

Meanwhile, critics, including Scottish Green MSP Maggie Chapman, expressed concerns over the ruling’s impact on transgender rights, calling it a setback for marginalised communities.

Implications for single-sex spaces and services

The court highlighted practical challenges with interpreting sex as "certificated" rather than biological, noting that such an approach would undermine the coherence of single-sex spaces and services.

Examples cited included changing rooms, hostels, medical services, and lesbian-only associations. The ruling also addressed concerns over women’s sports and public sector equality, reaffirming the necessity of biological definitions for effective implementation.

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UK Court Rules on Legal Definition of Woman, Says It is Biological
UK Court Rules on Legal Definition of Woman, Says It is Biological. Photo credit: Richard Drury/GettyImages
Source: Getty Images

About Lord Patrick Hodge

Lord Patrick Hodge is a British judge who currently serves as the Deputy President of the UK Supreme Court. He was appointed as a Justice of the Supreme Court in 2013 and later became Deputy President in 2020.

Before his tenure at the Supreme Court, he was a Senator of the College of Justice in Scotland and held various judicial roles, including serving as a Judge of the Courts of Appeal of Jersey and Guernsey.

Lord Hodge has expertise in commercial law, judicial review, and property law, and has contributed significantly to the development of legal principles in the UK.

Trump responds when asked to define woman

Legit.ng earlier reported that during a news conference following the swearing-in of Alina Habba as U.S. Attorney for New Jersey, President Donald Trump drew laughter from reporters when asked to define what a woman is.

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The question, posed by a reporter who praised Trump’s contributions to women in leadership roles, prompted a light-hearted response before the president shifted to a serious discussion on gender ideology.

According to Fox News, Trump described a woman as someone capable of having a baby under certain circumstances, equal to men, and often smarter than them.

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Source: Legit.ng

Authors:
Basit Jamiu avatar

Basit Jamiu (Current Affairs and Politics Editor) Basit Jamiu is a journalist with more than five years of experience. He is a current affairs and politics editor at Legit.ng. He holds a bachelor's degree from Ekiti State University (2018). Basit previously worked as a staff writer at Ikeja Bird (2022), Associate Editor at Prime Progress (2022), and Staff Writer at The Movee (2018). He is a 2024 Open Climate Fellow (West Africa), 2023 MTN Media Fellow, OCRP Fellow at ICIR, and Accountability Fellow at CJID. Email: basit.jamiu@corp.legit.ng.

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