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The UK Supreme Court ruled Wednesday that trans women are not legally recognised as women under the Equality Act 2010. The case arose after the Scottish Parliament passed the Gender Representation on Public Boards (Scotland) Act 2018, which aimed to include transgender women in quotas to achieve gender balance on public sector boards.
The judges ruled that the definition of sex as set out under the Equality Act 2010 was “binary” and based on biology, thereby making individuals who were not born female unable to receive legal protections afforded to women by altering their gender with a GRC. In commenting on the decision, Lord Hodge asserted that the Equality Act 2010’s provisions revolved around biological sex at birth and were not concerned with an individual’s acquired gender, regardless of the possession of a GRC.
Although the word “biological” does not appear in defining a man or woman in the Equality Act, the court applied the literal rule of statutory interpretation, where the statute was read in its plain, ordinary meaning to be in reference to biological sex.
Initially, the appellants in the case, For Women Scotland Ltd, a feminist organisation campaigning to strengthen women and children’s rights in Scotland, challenged the definition of “woman” outlined in the 2018 Act. Section 2 of the Act defined “woman” as including:
After the issuance of the new statutory guidance, the appellants petitioned the UK Supreme Court for a judicial review of the Scottish government’s decision, citing it as an error of law. The main question before the Supreme Court judges in this landmark decision was concerning the correct interpretation of “sex” and “woman”.
In the aftermath of the Supreme Court’s decision reshaping the landscape of gender rights, it is expected that multiple public bodies will have to review their gender policies.
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The judges ruled that the definition of sex as set out under the Equality Act 2010 was “binary” and based on biology, thereby making individuals who were not born female unable to receive legal protections afforded to women by altering their gender with a GRC. In commenting on the decision, Lord Hodge asserted that the Equality Act 2010’s provisions revolved around biological sex at birth and were not concerned with an individual’s acquired gender, regardless of the possession of a GRC.
Although the word “biological” does not appear in defining a man or woman in the Equality Act, the court applied the literal rule of statutory interpretation, where the statute was read in its plain, ordinary meaning to be in reference to biological sex.
Initially, the appellants in the case, For Women Scotland Ltd, a feminist organisation campaigning to strengthen women and children’s rights in Scotland, challenged the definition of “woman” outlined in the 2018 Act. Section 2 of the Act defined “woman” as including:
Upon appeal before the Second Division of the Inner House of the Court of Session in 2022, the appellants were successful, prompting the Scottish government to issue new statutory guidance. The guidance stated that an individual who had been issued a valid Gender Recognition Certificate (GRC) recognising their gender as female would be the sex of a woman and therefore their appointment would fulfil the gender balance quota on public sector boards.
After the issuance of the new statutory guidance, the appellants petitioned the UK Supreme Court for a judicial review of the Scottish government’s decision, citing it as an error of law. The main question before the Supreme Court judges in this landmark decision was concerning the correct interpretation of “sex” and “woman”.
In the aftermath of the Supreme Court’s decision reshaping the landscape of gender rights, it is expected that multiple public bodies will have to review their gender policies.
The post UK Supreme Court rules trans women not legally women under Equality Act appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.