In the United Kingdom, the legal definition of a woman is based on biological sex and not on gender, slices the Supreme Court

The legal definition of a woman is based on biological sex and not gender, decided the British Supreme CourtWednesday, April 16, in a very sensitive decision which could have significant consequences on transgender women in the United Kingdom. The dispute has been opposing the Scottish government since 2018 since 2018, which has strongly committed to the rights of transgender people in recent years, and the association for Women Scotland.

“The unanimous decision of this court is that the terms” woman “and” sex “in the law on the 2010 Equality refer to a biological woman and a biological sex”judged the magistrates of the highest British judicial body. The Supreme Court, however, assured that transgender people were protected, “Not only against discrimination through the protected characteristic of gender change, but also against direct discrimination, indirect discrimination and harassment linked to their acquired gender”.

“We thought that the rights of women were going back and today, the judges said what we have always thought: women are protected by their biological sex”rejoiced Susan Smith, co -director of For Women Scotland. For their part, LGBT+ associations had said before the judgment fear that transgender women can no longer access certain places, including accommodation centers for women.

Violent quarrel

This is an extremely divisive subject, at the origin of a violent quarrel between defenders of the rights of transgender persons on the one hand and activists on the other hand that the rights of cisgenres women are threatened by some of their demands.

At the heart of the debate was the interpretation of the British law on Equality (Equality Act) of 2010. For the Scottish government, this text was clear: if a transgender woman obtained a certificate of gender recognition, she is considered a woman, and has the right to the same “Protections that those declared women at birth”. After a first victory before the Scottish justice, For Women Scotland was dismissed twice in 2023.

In total, some 8,500 people have obtained a certificate of gender recognition in the United Kingdom since the creation of this system in 2004, the Scottish government reported in November 2024.

The decision of the Supreme Court could find an echo to the United States. Since his return to the White House, in January, Republican President Donald Trump has targeted transgender people by wanting to expel them from the army or restrict transitional procedures for minors.

The British conservatives, who lost the legislative elections in the summer of 2024, were committed, in the event of a victory, to bring “Clarifications” in the law so that the word “Sex” is limited to biological sex.

This subject has always been particularly thorny in Scotland. In 2022, the local government had voted a law to facilitate gender change without medical advice from 16 years old. This text had been blocked by the conservative government in London. In January 2023, the Scottish authorities also had to announce the suspension of the transfer of any transgender detainee with history of violence against women to a prison for women, after two cases which had shocked public opinion.