UK Supreme Court Considers Case on the Definition of 'Woman'

 

The UK Supreme Court began hearing a significant case on Tuesday, addressing a long-standing dispute between campaigners and the Scottish government over the legal definition of a "woman." The case, initiated by the group For Women Scotland, argues that sex is biologically fixed and immutable, a stance that could have far-reaching implications for debates surrounding trans rights and the legal distinctions between sex and gender in the UK.

The outcome of the case could influence the country’s gender-recognition process and access to single-sex spaces for trans individuals.

The campaigners contend that the definitions of "woman" in the UK's 2010 Equality Act and the 2004 Gender Recognition Act are incompatible. The 2010 Equality Act prohibits discrimination based on characteristics like sex, gender, and gender reassignment, defining a woman as “a female of any age.” In contrast, the 2004 Act allows individuals to obtain a Gender Recognition Certificate (GRC), enabling trans people to legally change their gender and be recognized as men or women.

The UK’s highest court has been asked to decide whether someone who has transitioned to female and holds a GRC should be considered a woman and protected under the Equality Act. Gender-critical campaigners argue that while transgender women are protected under the Act, they should not be granted all the rights and protections reserved for those born biologically female.

Aidan O’Neill, representing the campaigners, argued that conflating the two definitions could impact access to single-sex spaces like women’s shelters and prisons.

The case has sparked polarized reactions. Ahead of the hearing, Amnesty International, which is intervening on behalf of the Scottish government, emphasized that legal gender recognition is a human rights issue. The human rights organization also criticized the disproportionate media and political focus on trans issues, pointing out that trans people make up only about 1% of the population.

The case stems from a challenge by For Women Scotland to 2018 Scottish legislation aimed at increasing female representation on public sector boards. The Scottish government’s guidance on the legislation stated that individuals who have transitioned to a woman and possess a GRC would be considered women under the Equality Act. A judicial review in Scotland dismissed this challenge, ruling that sex is not limited to biological or birth sex.

This case is the latest chapter in the heated cultural debate over trans rights, a topic that has divided public opinion. High-profile figures like author J.K. Rowling, who is associated with the gender-critical movement, have attracted both strong feminist support and criticism from LGBTQ+ rights groups. Rowling stated that regardless of the court's decision, it would not change the definition of a woman, asserting that the real issue at stake is whether women and girls will lose rights.

The case has also become a political flashpoint, intensifying tensions between the UK and Scottish governments. In 2022, Scotland passed a bill making it easier for individuals to officially change their gender, but the UK government used its veto power to block the legislation. The Conservative government, which was in power at the time, vowed to clarify the law to ensure that "sex" refers to biological sex and not gender, and made the exclusion of trans women from single-sex spaces a central issue in their election campaign.