NewsSupreme Court ruling to redefine 'woman' in British law

Supreme Court ruling to redefine 'woman' in British law

The Supreme Court in London is poised to issue a ruling regarding the legal definition of a woman. The dispute involves the inclusion of transgender individuals who possess a gender recognition certificate. The decision might influence the application of the Equality Act in the United Kingdom.

Demonstration in front of the Supreme Court in London
Demonstration in front of the Supreme Court in London
Images source: © Getty Images | SOPA Images
Anna Wajs-Wiejacka

Key information

  • The Supreme Court in London will determine whether the definition of a woman includes transgender individuals with a gender recognition certificate.
  • The dispute originated after the Scottish government passed a gender balance bill in 2018.
  • The ruling could impact the application of the 2010 Equality Act.

The Supreme Court in London is set to announce a ruling on the definition of a woman in British law. The central issue is whether transgender individuals with a gender recognition certificate should be acknowledged as women. The Scottish government supports this definition, while activists from the organisation For Women Scotland oppose it.

In 2018, the Scottish government passed legislation aimed at boosting the number of women in senior roles within public institutions. Activists objected to the inclusion of transgender people in these quotas.

Our submission is that the court should find in favour of (For Women Scotland)... that in the Equality Act, ... as that word and the words woman and man are understood and used in ordinary, everyday language, used every day in everyday situations by ordinary people, said lawyer Aidan O’Neill, as quoted by Scotish Daily Express.

The significance of the ruling

The Supreme Court's decision will be pivotal for the application of the 2010 Equality Act, which provides protection against discrimination based on gender transition. The court will decide whether a person with a document recognising their gender as female should be treated as a woman under the Equality Act.

British judiciary estimates that there are around 8,000 people with gender recognition certificates in the United Kingdom. The case specifically relates to these individuals, rather than those who self-identify their gender.

The Supreme Court's ruling could influence the functioning of institutions and services reserved for a single gender. The decision will have significant consequences for the rights of transgender individuals in the United Kingdom.

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