The Supreme Court of Great Britain ruled on Wednesday that the legal definition of a “woman” is based on the sex of a person at birth, a historical decision with long -range implications for the bitter debate on trans rights.
In a victory for critical Scottish gender activists who took the case to the highest court in the United Kingdom, five London judges unanimously ruled “the terms ‘women’ and ‘sex’ in the Law of Equality of 2010 refer to a biological woman and biological sex.”
However, the Court stressed that the Equality Law also protected the transgender people from discrimination.
The law “grants protection to transgender people” through the protected characteristic of gender reallocation, but also protecting against discrimination in its acquired genre, Judge Patrick Hodge said delivering the verdict.
It is the culmination of a battle of years between the Scottish government and the campaign group for Women Scotland (FWS), which launched an appeal before the Supreme Court after losing supplications in the Scottish courts for dark legislation aimed at hiring more women in the public sector bodies.
Dozens of FWS and other critical gender activists, who argue that biological sex cannot be changed, applauded with joy after the ruling, hugging and crying out of the court.
“This has been a very, very long trip,” said Susan Smith, co -director of For Women Scotland, adding that the activists were “greatly grateful for this ruling.”
“Today, the judges have said what we always believe was the case: that women are protected by their biological sex,” he said, adding that “women can now feel sure that services and spaces designated for women are for women.”
Before the verdict, Trans rights activists expressed concerns that a decision in favor of FWS could risk discrimination against trans people in their chosen gender.
“The court is very aware of the strength of feelings on all sides behind this appeal,” said Hodge, recognizing the struggle of women against sexual discrimination, as well as a “vulnerable” position of the trans community.
Single -sex spaces
In the heart of the legal battle there were interpretations of the Equality Law.
While the Scottish government argued that the Equality Law provided trans women with a gender recognition certificate (GRC) with the same protections as a biological woman, FWS did not agree.
In his trial, the Supreme Court ruled that the “interpretation of the delegated Scottish government is not correct” and that the Equality Law was inconsistent with the 2004 Gender Recognition Law that introduced the GRC certificates.
According to the judges, allowing the interpretation of the Scottish government “would cross the definitions of men and women” in the Law of Equality “in an incoherent way.”
And the single -sex spaces and services, including changing rooms, shelters and medical services “will work correctly if sex is interpreted as biological sex,” the trial added.
Despite underlineing discrimination protections, the ruling will be a blow to transgender women and their ability to access single -sex spaces, a significant statement in the polarized debate about trans rights.
Online speech
The debate has been particularly vicious in the United Kingdom, facing gender critics against trans activists and, often, has resulted in a bitter discourse, even hateful.
One of the most outstanding supporters of critical gender campaigns is the author of “Harry Potter” JK Rowling, who lives in Scotland and has been the goal of hate, but has also been accused of transphobia.
The ruling also comes at a time when transgender rights are threatened in the United States under President Donald Trump.
Since he resumed the position, Trump has declared that the federal government would recognize that only two sexes, men and women, would seek to prohibit trans athletes from women’s sports and braking treatments for trans children.
The last ruling of the United Kingdom could accumulate pressure on the government of Prime Minister Keir Starmer, who has remained silent in silence about trans problems since he entered power last July, to further clarify the legislation.
The conservative administration of the opposition had blocked Scottish legislation to facilitate gender change in 2022 and has supported the clarification of sex as biological sex instead of gender assumed.
