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what happened?
The AP also put together a short summary of what the case is.
The case stems from a 2018 law passed by the Scottish Parliament, which states that there should be 50% of women’s representation on the board of directors of Scottish public institutions. The law included transgender women in its definition of women.
For women, Scotland (FWS) succeeded in its law and argued that the redefinement of “women” exceeded Parliamentary powers.
Scottish officials later issued guidance indicating that the definition of “woman” includes transgender women with gender certification. The FWS tried to overturn that.
“By linking the definition of sex to the usual meaning means that the public commission could consist of 50% of men and 50% of men with certificates, but still legally meet the target of female representatives.”
The assignment was denied by the court in 2022, but last year the group was granted permission to bring the case to the Supreme Court.
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What is the discussion?
The Associated Press (AP) has this explainer outlines a discussion of legal challenges focusing on the definition of women between Women Scotland (FWS) and the Scottish Government’s gender critical campaign group.
Aidan O’Neill, a lawyer for the FWS, told a British Supreme Court judge that under “gender,” “gender” should be understood in “normal everyday language.”
“Our position is your sex. Whether you’re a man or a woman, a girl or a boy, you’re determined by your body from conception in your womb, even before you were born,” he said Tuesday. “It’s an expression of one’s physical reality. It’s an immutable biological state.”
Opponents, including Amnesty International, said they are facing human rights by excluding transgender people from protection of sex discrimination.
Amnesty has filed a brief in the court that it is concerned about the deterioration of the rights of trans people in the UK and abroad. “The blanket policy of banning trans women from single sex services is not a proportional measure to achieve legitimate objectives,” the human rights group said.
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What will happen?
Severin Carrell
If the UK Supreme Court supports the Scottish government, it may be recommended that it be clarified that the Equality Act establishes the rights of trans women.
If we support women’s support for Scotland (FWS), then the UK government is subject to great pressure to amend laws that exclude trans women from women-only spaces, and the Scottish government needs to reverse the policy of the Public Commission.
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The British Supreme Court governs the legal definition of women
Severin Carrell
British equality campaigners are prepared for Supreme Court decisions that could have a major impact on the rights of transgender people to use unity services.
Five judges on the UK Supreme Court will rule Wednesday morning whether the definition of women in the Equality Act of 2010 includes transgender women with a certificate of gender recognition (GRC).
The court’s decision is expected to lead to a call for the law to be rewritten, and could have a significant impact on the rights of trans women to join public commissions reserved for women and use spaces and services aimed at women.
The lawsuit against the Scottish government was brought by a gender critical campaign group for women after an Edinburgh judge ruled it was correct to say that trans women with GRCs could sit on public committees in posts reserved for women.
The woman protested outside the London Supreme Court last November. Photo: Martin Pope/Zuma Press Wire/Rex/Shutterstock
FWS, which is partially funded by author J.K. Rowling and supported by campaign group Sex Matters, argues that the definition of women in the Equality Act is limited to biologically female-born people only.
They argue that a very clear court definition of what a woman is also helpful in disambiguating about who is entitled to use women’s services. They say that people who self-identify as trans but do not have gender certification are permitted to use services and spaces only for women.
The Scottish government is defending the decision. Supported by trans rights advocates and lawyers, he told the court that the 2004 Gender Recognition Act makes it clear that gender certification certificates change gender “for any purpose.”
Government lawyers argue that this means that those who hold the certificate are entitled to legal protection.
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