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Transgender communities react to UK Supreme Court ruling legal definition of a woman

Transgender communities were left distraught at the UK Supreme Court ruling stating the term ‘woman’ refers specifically to biological sex under the Equality Act 2010.

The case arose after the Scottish government attempted to expand the legal definition of ‘woman’ to include trans women with a Gender Recognition Certificate (GRC). 

The ruling drew mixed responses. For Women Scotland, a group which brought the legal challenge, welcoming the decision, but transgender rights campaigners hit out at it.

TransActual chair Helen Belcher said: “Trans people are devastated.

“The Supreme Court chose not to hear from any trans people, preferring instead to listen to exclusionary groups.

“The intent seems clear: to exclude trans people wholesale from participating in UK society. Today, we are feeling very excluded.

“Society will divide more sharply into queer-friendly and queer-hostile spaces, and it will be the poorer for it.”

The court unanimously sided with the campaigners, meaning trans women with GRCs will no longer be eligible for roles on public boards specifically designated for women.

Delivering the ruling, Deputy President of the Supreme Court Lord Hodge said the decision was not a triumph of one or more groups in our society at the expense of another.

He reaffirmed transgender identities retain clear legal protections under the 2010 act against discrimination and harassment.

Scottish Trans urged the public not to panic, but expressed concern over how the decision may be interpreted more broadly.

Belcher also called on both the UK and Scottish governments to defend trans rights and resist discrimination following what she describes as a biased and harmful court ruling.

She said: “We call on LGBTQ+ people to continue to stand together, strong and defiant, as we enter a new era of our long struggle for equality and civil rights.”

Featured image credit: Foreign, Commonwealth & Development Office via Flickr.

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