“UK Top Court Sparks Debate with Definition of Woman”

U.K. top court’s definition of woman further polarises debate on gender

On April 16, the U.K.’s Supreme Court unanimously ruled that only biological women and not transwomen meet the definition of a woman under equality laws. The central question in For Women Scotland Ltd. (Appellant) vs The Scottish Ministers (Respondent) was “whether the Equality Act 2010 treats a transwoman with a gender recognition certificate (GRC) as a woman for all purposes within the scope of its provisions, or when that Act speaks of a ‘woman’ and ‘sex’, it is referring to a biological woman and biological sex”.

In an 88-page judgment, the five judges – three men (Lord Reed, President Lord Hodge, Deputy President Lord Lloyd-Jones) and two women (Lady Rose, Lady Simler) – held that they wanted to address the “meaning of the words” which Parliament used in EA 2010 in “legislating to protect women and members of the trans community against discrimination.” It said that among the people whom the EA 2010 recognizes as having protected characteristics are women, whose “protected” characteristic is sex, and “transsexual” people, whose “protected” characteristic is gender reassignment. After hearing both the appellant and the respondent, and experts and activists, Britain’s highest court gave its “statutory interpretation” that the terms ‘woman’ and ‘sex’ in the EA 2010 refer only to a biological woman and biological sex.

What’s definition of ‘woman’? UK top court gives landmark ruling

Clash between Scottish government and FWS

The case stemmed from a long-standing legal battle between the Scottish Government and FWS, with the latter arguing that only those born as women should be eligible for legal protection as “women” under the Equality Act’s definitions.

The court said the unanimous ruling shouldn’t be seen as victory by one side, but several women’s groups that supported the appeal celebrated outside court and hailed it as a major win in their effort to protect spaces designated for women.