UK’s top court says definition of ‘woman’ based on sex at birth

UK’s top court says definition of ‘woman’ based on sex at birth

The judgment is related to whether transgender people are protected from discrimination under Britain's Equality Act.

UK trans ruling AFP 160425
Campaign group FWS had challenged whether transgender women are legally female under equality legislation. (AFP pic)
LONDON:
The UK’s top court today upheld an appeal by a campaign group on whether transgender women are legally women under equality legislation, ruling that the law referred to a “biological woman and biological sex”.

The Supreme Court’s judgment related to whether a trans woman with a gender recognition certificate (GRC), a formal document which gives legal recognition of someone’s new gender, is protected from discrimination as a woman under Britain’s Equality Act.

Campaign group For Women Scotland (FWS) had argued those rights should only apply based on a person’s biological sex, and had challenged guidance issued by the devolved Scottish government over a 2018 law that was designed to increase the proportion of women on public sector boards.

Scottish ministers’ guidance on that law stated that a trans woman with a full GRC was legally a woman.

“The terms women and sex in the Equality Act 2010 refer to a biological woman and biological sex, but we counsel against reading this judgment as a triumph for one or more groups in our society at the expense of another – it is not,” said Patrick Hodge, deputy president of the Supreme Court.

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