The legal definition of a woman is based on biological sex and not on gender, it was decided on Wednesday, April 16, the British Supreme Court on Wednesday, April 16, on a very delicate decision that could have significant consequences for transgender women in the United Kingdom.
The dispute has opposed the Scottish government since 2018 since 2018, which has been strongly committed to the rights of transgender people in recent years, and the feminist association summoned “for women Scotland”.
“The unanimous decision of this court is that the terms ‘woman’ and ‘sex’ in the 2010 Equality Law refer to a biological woman and a biological sex,” he judged the magistrates of the highest British judicial body.
However, the Supreme Court said that transgender people were protected by this law, “not only against discrimination through the characteristic protected by gender change, but also against direct discrimination, indirect discrimination and harassment linked to their acquired gender.”
“It’s a great day”
The decision was received by the screams of joy of several dozen activists of “For Women Scotland”. “I treasure (…) It’s a great day,” one of them reacted.
“We thought that the rights of women were going to support and today, the judges said what we have always thought: women are protected by their biological sex,” said Susan Smith, co -director of this group.
“Women can now feel safe knowing that services and spaces designated for women are reserved for women,” he added.
For their part, LGBT+ associations had said before the trial fears that transgender women can no longer access certain places, including accommodation centers for women.
A 2010 law in the heart of debate
This is an extremely divisive issue, at the origin of a violent dispute among the defenders of trans and activists who believe that women’s rights are threatened by some of their demands.
In the heart of the debate was the interpretation of the British law on equality (Equality Law) of 2010. For the Scottish government, this text was clear: if a transgender woman obtained a certificate of gender recognition (RCMP) at the end of her transition, she is considered a woman and has the right to the same “protections as women declared at birth.”
The Association “For Women Scotland” remarkably received the support of the author of “Harry Potter” JK Rowling, who lives in Scotland and has multiplied the positions on the subject, is worth accused of transphobia. After a first victory against Scottish justice, this association was fired twice in 2023.
In total, some 8,500 people have obtained a GRC certificate in the United Kingdom since the creation of this system in 2004, said the Scottish government in November.
A spiny issue in Scotland
The decision of the Supreme Court could find an echo for the United States. From his return to the White House in January, Donald Trump has been pointing to transgender people by wanting to expel them from the army or restrict transition procedures for children under 19.
The British conservatives, who lost the legislative elections in the summer of 2024, had been committed in case of a victory to bring “clarifications” in the law so that the word “sex” is limited to biological sex.
This issue has always been particularly thorny in Scotland. In 2022, the local government had voted a law to facilitate gender change without medical advice of the 16 years. This text had been blocked by the conservative government in London.
In January 2023, the Scottish authorities also had to announce the suspension of the transfer of any transgender detainee with a history of violence against women to a prison for women, after two cases that had shocked public opinion.
Source: BFM TV
