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UK Supreme Court Clarifies Legal Meaning of "Woman" Based on Biological Sex
(MENAFN) In a significant legal development, the UK Supreme Court issued a ruling on Wednesday affirming that the term “woman” as defined in the Equality Act pertains to biological sex rather than gender identity.
The court emphasized that the 2010 legislation outlines sex as a binary concept, stating clearly that “a person is either a woman or a man.”
Delivering an 88-page verdict, the justices unanimously concluded that the sex-based safeguards outlined in the Equality Act are not applicable to transgender women.
However, Lord Hodge, one of the judges, pointed out that this conclusion should not be interpreted as undermining the rights of transgender individuals, who are protected under separate legal frameworks.
The court highlighted that allowing sex to be interpreted as something that can be legally acquired would result in “heterogeneous groupings,” thereby disrupting the legal coherence of the terms “man” and “woman” as used in the Act.
This verdict comes after an extended legal conflict involving the Scottish government and the advocacy organization For Women Scotland.
The Scottish administration had maintained that individuals possessing a gender recognition certificate should qualify for sex-based legal safeguards. Conversely, For Women Scotland argued these protections should be reserved exclusively for those born female.
Speaking outside the courthouse, For Women Scotland co-founder Susan Smith told the media, “Sex is real and women can now feel safe that services and spaces designated for women are for women, and we are enormously grateful to the Supreme Court for this ruling.”
The court emphasized that the 2010 legislation outlines sex as a binary concept, stating clearly that “a person is either a woman or a man.”
Delivering an 88-page verdict, the justices unanimously concluded that the sex-based safeguards outlined in the Equality Act are not applicable to transgender women.
However, Lord Hodge, one of the judges, pointed out that this conclusion should not be interpreted as undermining the rights of transgender individuals, who are protected under separate legal frameworks.
The court highlighted that allowing sex to be interpreted as something that can be legally acquired would result in “heterogeneous groupings,” thereby disrupting the legal coherence of the terms “man” and “woman” as used in the Act.
This verdict comes after an extended legal conflict involving the Scottish government and the advocacy organization For Women Scotland.
The Scottish administration had maintained that individuals possessing a gender recognition certificate should qualify for sex-based legal safeguards. Conversely, For Women Scotland argued these protections should be reserved exclusively for those born female.
Speaking outside the courthouse, For Women Scotland co-founder Susan Smith told the media, “Sex is real and women can now feel safe that services and spaces designated for women are for women, and we are enormously grateful to the Supreme Court for this ruling.”
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