Supreme Court rules that trans women are not women by law

Background

The Supreme Court has ruled that trans women are not considered women by law, marking a victory for anti-woke campaigners. The decision comes after challenges brought forth by the campaign group For Women Scotland (FWS) regarding the definition of "woman" under Scottish legislation.

The Ruling

The dispute revolved around whether individuals with a gender recognition certificate (GRC) identifying them as female should be recognized as women under the 2010 Equality Act. The Supreme Court unanimously allowed an appeal from FWS, stating that the Act refers to "biological women and biological sex."

Implications

The ruling could have significant consequences for sex-based rights and impact single-sex services like toilets and hospital wards. However, the Court emphasized that transgender people are still protected against discrimination under the Equality Act, regardless of possessing a GRC.

Legal Journey

The legal battle began in 2022 when FWS challenged the inclusion of trans women in the Gender Representation on Public Boards (Scotland) Act 2018. After a series of appeals, the UK Supreme Court ultimately sided with FWS in defining a woman as a biological woman under the Act.

Director Trina Budge of FWS highlighted the broader implications of the case, emphasizing the importance of a consistent understanding of sex to safeguard women's rights. The Scottish Government, which refrained from commenting on ongoing legal proceedings, argued that individuals with a GRC are recognized as belonging to their acquired gender under the law.