"The unanimous decision of this court is that the terms 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex." In a landmark ruling, the Supreme Court has declared that the "concept of sex is binary", but warned that the verdict should not be seen as victory of one side over another.
For Women Scotland had challenged the Scottish government's interpretation of the word "sex" in the Equality Act to count trans women with Gender Recognition Certificates (GRCs) as women. Today's ruling in the campaign group's favour, following a long-running legal battle, has implications for all of the UK.
What did the commentators say? Despite claims to the contrary, said Catriona Stewart in The Spectator, the question under consideration was never "what is a woman?" Rather, the court ruled on how "woman" and "man" are defined "for the purposes of the law".
A big question mark now hangs over the Gender Recognition Act, "which sets out the framework for granting GRCs and is essentially defunct" following the ruling, said The Times. As Patrick Hodge, the deputy president of the Supreme Court, "was at pains to stress, trans people still retain legal protections as trans people, it is just that they cannot acquire those reserved for women".
This is a "victory for women's rights", said Trina Budge of For Women Scotland. But the decision could be "really wounding" for the trans community, diversity equity and inclusion expert Hannah Ford told Sky News, and employers face an uphill battle to ensure their workplaces can be safe spaces. Steph Richards, who runs the advocacy organisation TransLucent, predicted that legal actions such as this one would "result in trans people going back to live in stealth".
The decision will mean that trans women "can no longer sit on public boards in places set aside for women", said The Guardian. It could also lead to "much greater restrictions" on their use of services and spaces reserved for women, and "spark calls for the UK's laws on gender recognition to be rewritten".
What next? Both in Westminster and Holyrood, "the issue may now move out of the legal arena and back into the political one", said BBC Scotland's political correspondent Philip Sim. We could see a revival of the Tories' 2024 election campaign promise to "rewrite" the Equality Act. But "there may be more political pressure on the Scottish government, given it has lost this case". |