LEGIT
The UK Supreme Court is poised to clarify whether “sex” in equality law refers to biological or legally acquired gender.
The UK Supreme Court will today deliver a landmark ruling on the legal definition of a woman, ending a protracted legal battle between the Scottish government and women’s rights group For Women Scotland. The judgment, due at 09:45, will clarify whether “sex” in the 2010 Equality Act refers to biological sex or legal sex under the 2004 Gender Recognition Act.
The Scottish government argues that individuals with a Gender Recognition Certificate (GRC) are legally entitled to sex-based protections. “A person who has become the sex of their acquired gender is entitled to the protections of that sex,” said government lawyer Ruth Crawford KC.
However, For Women Scotland contends protections should only apply to those born female. “Sex is an immutable biological state,” argued their lawyer, Aidan O’Neill KC.
The ruling could impact single-sex spaces, equal pay, and anti-discrimination law. Amnesty International warns a restrictive ruling could undermine minority protections, while the EHRC calls for legal reform.