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Definition of a “woman” based on a person’s sex at birth: UK Supreme Court

Arun Jain, 16/04/2025


London:

The Supreme Court of Britain on Wednesday ruled that the legal definition of a “woman” is based on a person’s sex at birth, a historical decision with far -reaching implications for bitter debate on trans rights.

In a win for Scottish gender-matured campaigners, who brought the case to the Supreme Court in the UK, five London judges unanimously mentioned “The Terms ‘Woman’ and ‘Sex’ to the Equality Act 2010, an biological woman, and biological sex in the Equality Act 2010.

However, the court underlined that the Equality Act saved transgender people from discrimination.

Justice Patrick Hodge, while handing over the verdict, said that the Act “protects the transgender peepal”, but also protects them to protect against discrimination in their acquired gender.

This is the culmination of a year battle between the Scottish government and the campaign group for the Women’s Scotland (FWS)-appealing to the Supreme Court after losing the arguments in Scottish courts with the aim of hiring more women in public sector bodies.

Dozens of FWS and other gender important preachers, who argue that biological sex cannot be changed, has been happy with joy after ruling, hugging and crying outside the court.

“This is actually a really long ride,” Women Scotland co-director Susan Smith said, “were very grateful for this decision”.

“Today, judges have said what we always believed: women are preserved by their biological sex,” he said, “women can now feel safe that the services and vacancies for women are for women”.

Next to the verdict, Trans Rights’ activists expressed concern that a decision in favor of FWS could risk discrimination against Trans people in their chosen gender.

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Hodge said, “The court is well aware of the power to feel on all the parties behind this appeal,” recognizing the fight of women against sexual discrimination, as well as the “weak” position of the Trans community.

Single-sex location

Was hitting the interpretations of the Equality Act in the heart of the legal battle.

While the Scottish government argued that the Equality Act (EA) borned Trans women with a gender recognition certificate (GRC) with the same security as an organic woman, FWS disagreeed.

In its judgment, the Supreme Court ruled that the “interpretation of the developed Scottish government is not correct” and that the Equality Act 2004 was incompatible with the gender recognition act that introduced the GRC certificates.

According to judges, permission will allow the Scottish government to “in a similar way” in the “Equality Act” will cut the definitions of male and female “.

And, single-sex spaces and services including changing rooms, hostels and medical services, “will work properly when sex is interpreted as biological sex”, the decision said.

Despite underlining security from discrimination, the ruling transgender would be a shock for women and a significant controversy in the polarized debate on their ability to reach single-sex spaces.

Online discourse

This debate has been particularly vicious in the UK, raising gender important workers against trans rights campaigners and often bitter, even disgusting discourse.

One of the most prominent supporters of gender important campaigns is the “Harry Potter” author JK Rowling, who lives in Scotland and has a target of hatred, but has also been accused of transfobia.

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The ruling also comes at a time when transgender rights in the United States under President Donald Trump are in danger.

Since the retaining office, Trump has announced that the federal government will recognize only two sexes, men and women, women, demanding transfers to transfers and transport for trans children.

The latest UK’s decision can put pressure on the government of the Prime Minister Kir Stmper – which has been quiet to a large extent on trans issues since coming to power in July – to further clarify the law.

The opposition conservative administration had blocked the Scottish law in 2022 to make sex change easier and supports the explanation of sex in the form of biological sex rather than gender.

(Except for the headline, the story has not been edited by NDTV employees and is published by a syndicated feed.)


World Britain's equality actDefinition of a "woman" based on a person's sex at birth: UK Supreme CourtSingle sex spacetransgender rightsUK Supreme Court on Women

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