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

USD -
AED 3.67301
AFN 71.021929
ALL 86.757891
AMD 388.845938
ANG 1.80229
AOA 916.000148
ARS 1165.000022
AUD 1.559315
AWG 1.8025
AZN 1.70406
BAM 1.718274
BBD 2.002838
BDT 121.45998
BGN 1.72222
BHD 0.376957
BIF 2973.111879
BMD 1
BND 1.309923
BOB 6.907155
BRL 5.619799
BSD 0.999627
BTN 85.145488
BWP 13.647565
BYN 3.271381
BYR 19600
BZD 2.008021
CAD 1.382775
CDF 2877.999765
CHF 0.824198
CLF 0.024644
CLP 945.690142
CNY 7.269496
CNH 7.2656
COP 4197
CRC 505.357119
CUC 1
CUP 26.5
CVE 96.873243
CZK 21.90485
DJF 178.012449
DKK 6.56135
DOP 58.908545
DZD 132.288977
EGP 50.801298
ERN 15
ETB 133.81045
EUR 0.87892
FJD 2.256403
FKP 0.746656
GBP 0.74686
GEL 2.745039
GGP 0.746656
GHS 14.294876
GIP 0.746656
GMD 71.492633
GNF 8658.065706
GTQ 7.698728
GYD 209.76244
HKD 7.75695
HNL 25.941268
HRK 6.620396
HTG 130.799
HUF 355.319478
IDR 16646.9
ILS 3.62904
IMP 0.746656
INR 85.090398
IQD 1309.571398
IRR 42100.000211
ISK 128.410025
JEP 0.746656
JMD 158.35182
JOD 0.7092
JPY 142.663004
KES 129.349896
KGS 87.450261
KHR 4001.774662
KMF 432.250121
KPW 900.101764
KRW 1422.724972
KWD 0.30632
KYD 0.833044
KZT 511.344318
LAK 21622.072771
LBP 89567.707899
LKR 299.446072
LRD 199.931473
LSL 18.549157
LTL 2.95274
LVL 0.60489
LYD 5.468994
MAD 9.272737
MDL 17.203829
MGA 4511.41031
MKD 54.061297
MMK 2099.785163
MNT 3572.381038
MOP 7.98763
MRU 39.575655
MUR 45.229907
MVR 15.400483
MWK 1733.40069
MXN 19.553103
MYR 4.310956
MZN 64.01011
NAD 18.549157
NGN 1601.519845
NIO 36.785022
NOK 10.359235
NPR 136.237321
NZD 1.68312
OMR 0.384995
PAB 0.999613
PEN 3.664973
PGK 4.141482
PHP 55.858498
PKR 280.826287
PLN 3.75155
PYG 8005.376746
QAR 3.644223
RON 4.374502
RSD 102.966435
RUB 82.000422
RWF 1428.979332
SAR 3.751033
SBD 8.361298
SCR 14.651979
SDG 600.501985
SEK 9.643735
SGD 1.305825
SHP 0.785843
SLE 22.75021
SLL 20969.483762
SOS 571.328164
SRD 36.849418
STD 20697.981008
SVC 8.746876
SYP 13001.961096
SZL 18.542907
THB 33.321501
TJS 10.555936
TMT 3.51
TND 2.990231
TOP 2.342102
TRY 38.501202
TTD 6.782431
TWD 31.975997
TZS 2685.000535
UAH 41.530014
UGX 3663.550745
UYU 42.090559
UZS 12943.724275
VES 86.54811
VND 26005
VUV 121.306988
WST 2.770092
XAF 576.298184
XAG 0.030422
XAU 0.000302
XCD 2.70255
XDR 0.71673
XOF 576.29312
XPF 104.776254
YER 245.050187
ZAR 18.54398
ZMK 9001.200989
ZMW 27.965227
ZWL 321.999592
  • CMSD

    -0.1300

    22.35

    -0.58%

  • JRI

    0.1300

    12.93

    +1.01%

  • SCS

    0.1500

    10.01

    +1.5%

  • BCC

    -0.8300

    94.5

    -0.88%

  • RIO

    0.0100

    60.88

    +0.02%

  • CMSC

    -0.0800

    22.24

    -0.36%

  • GSK

    0.9100

    38.97

    +2.34%

  • RYCEF

    -0.1300

    10.12

    -1.28%

  • RBGPF

    -0.4500

    63

    -0.71%

  • NGG

    0.1900

    73.04

    +0.26%

  • BTI

    0.4700

    42.86

    +1.1%

  • BCE

    0.1100

    21.92

    +0.5%

  • VOD

    0.0100

    9.58

    +0.1%

  • RELX

    0.4300

    53.79

    +0.8%

  • AZN

    1.7800

    71.71

    +2.48%

  • BP

    -1.0600

    28.07

    -3.78%

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