Scotland’s government faced a challenge from a campaign group regarding its efforts to include transgender individuals in roles specifically designated for women.
The UK Supreme Court has determined that the term “woman” legally pertains to biological sex, not gender identity. This means that transgender individuals who were assigned male at birth are not legally considered women under single-sex protection laws.
This decision follows a challenge by the For Women Scotland campaign against a Scottish Government initiative aimed at increasing female representation on public boards. The initiative included transgender women who are legally recognized as female.
For Women Scotland argued that the initiative violated the UK-wide Equality Act 2010, which prohibits discrimination based on characteristics such as sex, race, and disability. The group sought confirmation from the UK Supreme Court that the term “woman” in the Act refers to biological females, rather than individuals assigned female status through a gender recognition certificate.
The court stated in its judgment that “the terms ‘women’ and ‘sex’ in the Equality Act 2010 refer to a biological woman and biological sex.” It also said that interpreting sex to include acquired gender “would lead to incoherence” in provisions designed to protect women regarding pregnancy, maternity, and other sex-specific issues.
A government spokesperson said that the ruling “brings clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs.” They added that “single-sex spaces are protected in law and will always be protected by this government.”
Lord Hodge, a presiding justice, clarified that the court didn’t see the ruling as a victory for any particular group but as a necessary clarification of the legal definition of terms within existing legislation.
British author J.K. Rowling, a vocal supporter of For Women Scotland, celebrated the court’s decision.
“It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK,” Rowling posted on X.
However, some have criticized the Supreme Court’s decision, suggesting it could diminish legal recognition for transgender people. The Scottish Greens issued a statement condemning the ruling as “deeply concerning for human rights.” The LGBTQ+ charity Stonewall also voiced “deep concern at the widespread implications” of the decision.
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