The Supreme Court in the U.K. ruled that the Equality Act defines a woman as someone born biologically female, therefore excluding transgender individuals with female certificates from being considered women for equality purposes. The ruling stems from a case regarding a Scottish law that aimed for 50% female representation on public body boards, which included transgender women in its definition. The women’s rights group, For Women Scotland, challenged this redefinition of “woman” arguing that the ordinary meaning of sex should be based on biological sex. Despite a previous rejection in court, the group was granted permission to bring the case to the Supreme Court.
The lawyer for For Women Scotland argued that sex is determined by one’s biological reality, starting from conception, and should not be altered by gender recognition certificates. Author J.K. Rowling is a supporter of For Women Scotland, believing that the rights of trans women should not infringe upon those born biologically female. However, opponents, including Amnesty International, argue that excluding transgender individuals from sex discrimination protections goes against human rights principles. They argue that a blanket policy against trans women in single-sex services is disproportionate and detrimental to achieving a legitimate aim. Overall, the ruling has sparked a debate over the definition of “woman” in the context of equality laws and the rights of transgender individuals.
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