UK court rules legal definition of women excludes transgender women
Britain’s highest court handed down a landmark ruling that legally defines a woman as a “biological woman,” which excludes transgender women, a move with broad repercussions for how equality rights are enforced, CNN reported on April 16th.
Five judges ruled that transgender women holding gender recognition certificates (GRC), would not be covered under the definition of a woman by the UK’s Equality Act 2010.
For Women Scotland, which is financially backed by JK Rowling, launched the case to the Supreme Court, stating that the Equality Act should only offer protection for those born female, The Guardian reported on April 16th.
Gender-critical activists jubilantly welcomed the decision, which was seen as alarming for transgender supporters.
The UK government said the outcome introduced “clarity and confidence” for women and those who manage hospitals, sports clubs and women shelters.
Lord Hodge, the deputy president of the court, said the Equality Act made it extremely clear that its provisions handled biological sex assigned at birth, and not with a person’s changed gender, irrespective of whether they had a GRC.
He said it affected policies on gender in sport and the armed services, hospitals, women-only charities, changing room access and women-only spaces.
Despite this, transgender women will be entitled to equal pay as women and could have the right to be treated as women in certain circumstances.
Transgender people in the Middle East And North Africa face major obstables to accessing legal gender recognition. In Egypt, Lebanon and Tunisia there are no clear legal or regulatory frameworks for transgender people to gain legal gender recognition, Human Rights Watch said on April 8th 2022.
While none of these three countries outlaw transgender identities, they can face prosecution from the authorities due to security forces linking transgender identity with sexual orientation. They see transgender women as gay men and transgender men as lesbian women who face prosecution under some laws.
Human Rights Watch, The Guardian, CNN
