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UK Supreme Court rules that legal definition of ‘woman’ excludes trans women

In the UK, the Supreme Court ruled that the definition of “woman” should be strictly “biological”, thereby excluding transgender women from equal legal recognition and protection.

Photo by Jurica Koletic from Unsplash.com

Legalized transgender hatred.

In the UK, the Supreme Court ruled that the definition of “woman” should be strictly “biological”, thereby excluding transgender women from equal legal recognition and protection.

Via a unanimous ruling, Great Britain’s Supreme Court specifically stated that the definition of a woman in equality legislation refers to “a biological woman and biological sex”.

The same ruling also – basically – upheld transgender discrimination by stating that transgender women could be excluded from same-sex facilities, such as toilets and changing rooms, if “proportionate”.

The court’s decisions stemmed from a case questioning the scope of the nation’s Equality Act 2010. Particularly: whether transgender women with a gender recognition certificate (GRC) should also be protected from discrimination as women.

Anti-LGBTQIA campaigners in Scotland brought a challenge in 2018, arguing that those rights should only be given to those who were assigned as women at birth. Since the position of the Scottish government at that time was to include transgender women with GRC as also legally women, and should therefore be given similar legal protections, the case reached the Supreme Court following appeal.

The Supreme Court decision is silent on, therefore actually also anti-intersex people who may be erroneously assigned a different sex at birth than their eventual gender identity.

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