The UK’s highest court ruled that the definition of a woman under equality legislation refers to “biological sex”, but trans people will not be disadvantaged by this decision. The case involved a trans woman with a gender recognition certificate and whether she is protected from discrimination as a woman. The decision came after a campaign group argued that rights under the Equality Act should only be based on a person’s biological sex. The Supreme Court ruled in favor of the campaign group, stating that “women” and “sex” in the Equality Act refer to biological women and biological sex. However, the court emphasized that this decision is not a victory for one group over another.
Critics of the Scottish law had raised concerns about its impact on single-sex services for women, while transgender campaigners feared discrimination against those with gender recognition certificates, especially in employment. The court clarified that the correct interpretation of the Equality Act does not disadvantage trans people, as they have rights under the protected characteristic of gender reassignment.
In the US, legal challenges are ongoing after President Trump issued executive orders that restrict transgender people from military service. The ruling in the UK adds to the ongoing debate around transgender rights and the interpretation of equality legislation.
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