Its definition – in the context of Equality on Equality – refers to the gender, it ruled its Supreme Court, in a critical decision, which would have serious consequences for transgender women in the country.
The decision, however, states that transgender individuals will not be harmed by this verdict.
“The unanimous ruling of this court is that the terms” woman “and” sex “in the 2010 Equality Act refer to a biological woman and a biological sex,” said Supreme Court Vice President Patrick Hodz. “But we advise, the decision not to be construed as a triumph for one or more groups of our society at the expense of another, because it is not,” he said.
The court’s ruling concerns whether a transgender woman with a certificate of genuine recognition (GRC) – the official document that gives official recognition to a person’s new gender – is protected by discreet treatment as a woman under the Equality Act. With today’s decision, trans women, even if they have (GRC), are not considered legally women under the law on equality.
How did we get to the Supreme Court
The case has clashed with the Scottish government since 2018, which has been active in favor of transgender people in recent years and the feminist Union for Women Scotland (FWS).
The Union argued that the rights provided for by Equality Act should only be implemented on the basis of the biological sex of the individual and filed a lawsuit against the circular of the Scottish government, which accompanied a law to increase the percentage of women in the public sector councils.
The circular predicted that a transgender woman, with a certificate of recognition, is legally considered a woman.
Critics of the Scottish Law argued that the definition of women give it to the provision of separate services for women and their access to hostels, hospital wings and sports.
The rationale of the decision
The Scottish judicial authorities had initially rejected the appeal of FWS, but the case went to the Supreme Court of the United Kingdom, which was in favor of the FWS, concluding that the Scottish ministers had exceeded their jurisdiction.
“We believed that women’s rights would retreat and today the judges said what we were always thinking: women are protected by their biological sex,” said Susan Smith, one of the leaders of the For Women Scotland. “Women can now feel safe, knowing that the services and spaces intended for women are aimed at women.”
However, defenders of the rights of transgender people argued that if the court ruling justified the Union for Women Scotland, it would lead to discreet treatment against people with a certificate of recognition, especially in the field of employment and that transgender women would no longer have access to services.
“Equality act’s correct interpretation of a biological sex report does not cause damage to transgender people, whether or not they have a certificate of recognition of genus,” said Judge Patrick Hodz. “Transgender individuals have the rights referred to in the protected characteristic of the redefinition of Gender.”
Equality Act’s interpretation has caused an open conflict between defenders of the rights of transgender people and activists, who believe that women’s rights are threatened by some of their claims.
The political and legal continuity
The decision has significant political implications, as it challenges the existing legal provisions on gender recognition and may affect future gender rights laws in both the United Kingdom and Scotland. In particular, the draft law on gender recognition, which aimed to simplify the GRC acquisition process, is now under greater surveillance. Although the UK government has vetoed the bill, the Supreme Court’s ruling may revive discussions on the reform of gender recognition legislation.
At the table remains the balance between gender -based rights and recognition of gender identity. Some argue that the legal provisions must be clearer to protect the rights of both cisgenders and trans people, while others are concerned that this decision could already marginalize vulnerable communities.
The decision has caused both support and reactions, making the ground ready for further legal and social debates around this controversial issue. The decision can push the legislators to review and clarify the 2010 equality law to ensure that the rights of both groups – women and trans people – are favored.
The complete consequences of the decision, however, will become clear in the coming months, as transitions of trans and women’s rights are being mobilized to form the future of the sex law in the United Kingdom.
