The China Mail - UK top court rules definition of 'woman' based on sex at birth

USD -
AED 3.672503
AFN 70.999399
ALL 84.750183
AMD 384.440159
ANG 1.789623
AOA 915.999909
ARS 1142.26992
AUD 1.536476
AWG 1.8
AZN 1.704014
BAM 1.70054
BBD 2.018225
BDT 122.241013
BGN 1.703805
BHD 0.377104
BIF 2941
BMD 1
BND 1.284404
BOB 6.921917
BRL 5.4876
BSD 0.999591
BTN 86.385177
BWP 13.489614
BYN 3.271192
BYR 19600
BZD 2.007878
CAD 1.369705
CDF 2877.000631
CHF 0.819045
CLF 0.02458
CLP 943.259906
CNY 7.189398
CNH 7.19404
COP 4070.22
CRC 504.562627
CUC 1
CUP 26.5
CVE 96.125045
CZK 21.622036
DJF 177.719665
DKK 6.499105
DOP 59.349974
DZD 130.44804
EGP 50.5266
ERN 15
ETB 134.798264
EUR 0.871305
FJD 2.24925
FKP 0.740032
GBP 0.745425
GEL 2.720018
GGP 0.740032
GHS 10.297187
GIP 0.740032
GMD 71.506225
GNF 8655.999991
GTQ 7.676624
GYD 209.04866
HKD 7.84963
HNL 26.149684
HRK 6.564705
HTG 131.092379
HUF 351.409817
IDR 16349.75
ILS 3.485925
IMP 0.740032
INR 86.61405
IQD 1310
IRR 42125.000036
ISK 124.959865
JEP 0.740032
JMD 158.933315
JOD 0.709026
JPY 144.898987
KES 129.494644
KGS 87.450145
KHR 4020.000093
KMF 427.500752
KPW 899.963608
KRW 1375.010113
KWD 0.30642
KYD 0.833054
KZT 519.309107
LAK 21575.000101
LBP 89600.000186
LKR 300.305627
LRD 199.650111
LSL 17.920082
LTL 2.95274
LVL 0.60489
LYD 5.419983
MAD 9.158496
MDL 17.118088
MGA 4425.000095
MKD 53.615694
MMK 2099.347973
MNT 3582.393265
MOP 8.08048
MRU 39.720185
MUR 45.450464
MVR 15.404959
MWK 1736.000236
MXN 19.028445
MYR 4.249897
MZN 63.949589
NAD 17.919997
NGN 1545.20484
NIO 36.749687
NOK 9.976399
NPR 138.211728
NZD 1.658705
OMR 0.384506
PAB 0.99957
PEN 3.596495
PGK 4.12125
PHP 57.160495
PKR 283.55002
PLN 3.725003
PYG 7977.775266
QAR 3.640498
RON 4.384701
RSD 102.141192
RUB 78.49596
RWF 1425
SAR 3.752141
SBD 8.354365
SCR 14.175341
SDG 600.50062
SEK 9.646625
SGD 1.28539
SHP 0.785843
SLE 22.526725
SLL 20969.503664
SOS 571.501466
SRD 38.849891
STD 20697.981008
SVC 8.746158
SYP 13001.640893
SZL 17.939794
THB 32.690281
TJS 10.045431
TMT 3.5
TND 2.935496
TOP 2.342099
TRY 39.53984
TTD 6.776979
TWD 29.555202
TZS 2614.99959
UAH 41.675673
UGX 3599.640036
UYU 40.840105
UZS 12710.000074
VES 102.556703
VND 26101.5
VUV 119.866292
WST 2.629628
XAF 570.345316
XAG 0.02721
XAU 0.000296
XCD 2.70255
XDR 0.709327
XOF 567.515562
XPF 104.224998
YER 242.699385
ZAR 18.035245
ZMK 9001.204341
ZMW 23.964628
ZWL 321.999592
  • CMSC

    0.0900

    22.314

    +0.4%

  • CMSD

    0.0250

    22.285

    +0.11%

  • RBGPF

    0.0000

    69.04

    0%

  • SCS

    0.0400

    10.74

    +0.37%

  • RELX

    0.0300

    53

    +0.06%

  • RIO

    -0.1400

    59.33

    -0.24%

  • GSK

    0.1300

    41.45

    +0.31%

  • NGG

    0.2700

    71.48

    +0.38%

  • BP

    0.1750

    30.4

    +0.58%

  • BTI

    0.7150

    48.215

    +1.48%

  • BCC

    0.7900

    91.02

    +0.87%

  • JRI

    0.0200

    13.13

    +0.15%

  • VOD

    0.0100

    9.85

    +0.1%

  • BCE

    -0.0600

    22.445

    -0.27%

  • RYCEF

    0.1000

    12

    +0.83%

  • AZN

    -0.1200

    73.71

    -0.16%

UK top court rules definition of 'woman' based on sex at birth
UK top court rules definition of 'woman' based on sex at birth / Photo: © AFP

UK top court rules definition of 'woman' based on sex at birth

Britain's Supreme Court ruled Wednesday that the legal definition of a "woman" is based on a person's sex at birth, a landmark decision with far-reaching implications for the bitter debate over trans rights.

Text size:

In a win for Scottish gender-critical campaigners who brought the case to the UK's highest court, five London judges unanimously ruled that "the terms 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman, and biological sex".

However, the act also "gives transgender people protection" against discrimination in their acquired gender, Justice Patrick Hodge said in handing down the verdict.

The UK government welcomed the ruling for bringing "clarity" to the debate.

It is the culmination of a years-long battle between the Scottish government and the campaign group For Women Scotland (FWS) -- which launched an appeal to the Supreme Court after losing pleas in Scottish courts over an obscure legislation aimed at hiring more women in public-sector bodies.

Dozens of FWS and other gender-critical campaigners, who argue that biological sex cannot be changed, cheered the ruling, hugging and crying outside the court.

"This has been a really, really long ride," said Susan Smith, co-director of For Women Scotland, adding that the campaigners were "enormously grateful for this ruling".

"Today, the judges have said what we always believed to be the case: that women are protected by their biological sex," she said. "Women can now feel safe that services and spaces designated for women are for women".

Ahead of the verdict, trans rights activists raised concerns that a ruling in favour of FWS could risk discrimination against trans people in their chosen gender.

"The court is well aware of the strength of feeling on all sides which lies behind this appeal," Hodge said, recognising the fight of women against sex discrimination as well as a "vulnerable" position of the trans community.

- Single-sex spaces -

Scottish Greens activist and trans woman Ellie Gomersall, 25, told Sky News the ruling was "yet another attack on the rights of trans people to live our lives in peace".

She called on the Labour government "to step up, and defend one of the most vulnerable minorities in the country".

At the heart of the legal battle were clashing interpretations of the Equality Act.

While the Scottish government argued that the Equality Act (EA) gave trans women with a Gender Recognition Certificate (GRC) the same protections as a biological female, FWS disagreed.

In its judgement, the Supreme Court ruled that the devolved Scottish government's "interpretation is not correct" and that the Equality Act was inconsistent with the 2004 Gender Recognition Act that introduced GRC certificates.

The Equality and Human Rights Commission (EHRC), which is responsible for enforcing the Equality Act, said it was "pleased" the ruling addressed complicated issues of maintaining single-sex spaces.

Single-sex spaces and services including changing rooms, hostels and medical services "will function properly only if sex is interpreted as biological sex", the judgement said.

The Labour government said the ruling brought "clarity and confidence for women and service providers such as hospitals, refuges, and sports clubs".

"We have always supported the protection of single-sex spaces based on biological sex," a government spokesperson said.

Opposition Conservative leader Kemi Badenoch hailed the "victory" for FWS.

"Saying 'trans women are women' was never true in fact, and now isn't true in law either," Badenoch said.

- Online discourse -

The ruling will be a blow for transgender women and their ability to access single-sex spaces, a significant point of contention.

LGBTQ charity Stonewall said the ruling was "incredibly worrying for the trans community".

"Stonewall shares the deep concern at the widespread implications for today's ruling," its chief executive Simon Blake said.

The debate has been particularly vicious in the UK, pitting gender-critical activists against trans rights campaigners.

One of the most prominent supporters of gender-critical campaigns is "Harry Potter" author JK Rowling, who has been the target of hate and accused of transphobia.

The ruling also comes at a time when transgender rights are under threat in the United States under President Donald Trump.

Since retaking office, Trump has declared the federal government will recognise only two sexes, male and female; sought to bar trans athletes from women's sports; and curbed treatments for trans children.

The latest UK ruling could pile pressure on Prime Minister Keir Starmer, who has remained largely silent on trans issues since coming into power last July, to further clarify legislation.

P.Ho--ThChM