The United Kingdom Supreme Court has started hearing a crucial legal case between the Scottish government and the campaign group For Women Scotland, concerning the legal definition of “woman.” The verdict could have significant implications for the UK’s gender recognition system, trans rights, and single-sex spaces.
For Women Scotland argues that the UK’s 2010 Equality Act and the Gender Recognition Act 2004 offer conflicting definitions of “woman.” The Equality Act describes a woman as a “female of any age,” while the 2004 Act permits individuals with a Gender Recognition Certificate (GRC) to change their legal gender.
Aidan O’Neill, representing the campaigners, stated that merging biological sex and legal gender could compromise single-sex spaces such as women’s shelters and prisons, threatening safeguards designed for biological women.
The Scottish government, backed by groups like Amnesty International, asserts that legal gender recognition is a core human rights issue. Amnesty criticized the media and political focus on trans people, who make up just 1% of the population, as excessive and unjustified.
The case originates from a 2018 Scottish law aimed at boosting female representation in public sector roles. Guidance for the law categorized transgender women with GRCs as women under the Equality Act, a stance upheld by Scottish courts. Campaigners now seek a reversal from the UK Supreme Court.
This issue has deepened cultural and political divisions, with public figures such as JK Rowling voicing their opinions. Rowling, a prominent figure in the gender-critical movement, said the case centers on safeguarding the rights of women and girls.
The conflict also underscores political rifts between the UK and Scottish governments. In 2022, the UK government vetoed a Scottish bill designed to simplify the gender recognition process, later advocating for legal reforms to define “sex” solely by biological terms.
The Supreme Court’s decision could redefine how UK law addresses biological sex, gender identity, and competing rights, potentially reshaping policies and discussions on gender nationwide.
