The definition of a woman and sex in the relations of the Equality Law with “a biological woman and biological sex”, the Supreme Court has ruled today (April 16), since it unanimously allowed an appeal of a campaign group.
The ruling follows a series of challenges presented by the campaign group, for Women Scotland (FWS), about the definition of “woman” in the Scottish legislation that demands a female representation of 50% in public boards.
The dispute focuses on someone with a gender recognition certificate (GRC) that collects its gender as a woman should be treated as a woman under the 2010 Equality Law.
When opening the sentence of the Supreme Court on the appeal of the campaign group for Scotland women on the legal definition of women, Lord Reed asked all parties to respect the “dignity” of the Court.
He said: “Some people will be pleased and others will be disappointed.
“Whatever your feeling, respect the dignity of these courts and remain silent until the court is postponed.”
Lord Hodge then begged to deliver the trial.
FWS said previously that not linking the definition of sex to its “ordinary meaning” could have an consequent consequence of sex -based rights, as well as “everyday services of a single sex” such as bathrooms and hospitals.
Rules of the United Kingdom Supreme Court on a woman’s legal definition
The matter first reached the courts in 2022, when FWS successively challenged the gender representation in the 2018 Public Board Law (Scotland) on their inclusion of trans women in their definition of women.
The session court ruled that changing the definition of a woman in the law was illegal, since these are issues that fell out of the legal competition of the Scottish Parliament.
After the challenge, the Scottish government withdrew the definition of the law and issued a legal guide, essentially, advice on how to comply with the law.
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This stated that, according to the 2018 law, the definition of a woman was the same as that established in the 2010 Equality Law, and also that a person with a GRC collected their gender as a woman had the sex of a woman.
FWS challenges this guide reviewed on the basis that sex under the equality law referred to its biological meaning, and the government was overcoming its powers by effectively redefining the meaning of the “woman.”
However, his challenge was rejected by the outer house of the court of the session on December 13, 2022.
The interior house exceeded that decision on November 1, 2023, but made permission for FWS to appeal to the UK Supreme Court.
The appeal in the Supreme Court before Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lady Rose and Lady Simler were heard last November and, after the two-day hearing, the judges said they take the time “before consulting with great care” before. ”
