A Supreme Court hearing which will determine the definition of a woman has begun today (26 November).
Brought by campaigners For Women Scotland, the ruling will establish how transgender people should be treated legally, as well as what the process of gender recognition actually means.
The landmark case, which follows a long-running dispute, could have wide-ranging implications for single-sex spaces across the UK.
It concerns whether a person with a gender recognition certificate (GRC) who recognises their gender as female should be regarded as a woman under the 2010 Equality Act. In short, it will consider what “sex” really means in law.
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Under the Gender Recognition Act 2004, people can obtain a GRC, which states it is a change of sex “for all purposes”.
However, the subsequent Equality Act 2010 then outlined protections against discrimination for various groups, with protected characteristics under law including “sex” and “gender reassignment”.
There has been much debate about how these pieces of legislation can work together, and while the current hearing won’t affect the law itself, it could impact the way in which public services and bodies operate.
Recognising the difficulties posted by the definition of ‘legal sex’, Baroness Kishwer Falkner, chair of the Equality and Human Rights Commission, said: “We look forward to the Supreme Court’s judgment providing an authoritative interpretation of the existing law in this area.
“We believe there are far-reaching problems with the practical application of the Equality Act in relation to this definition. It creates significant inconsistencies, which impair the proper functioning of the Equality Act and jeopardise the rights and interests of women and same-sex attracted people.”
She said the current challenges include those for people wanting to retain single-sex spaces and for the rights of same-sex attracted individuals to form associations.
Falkner added: “We think clarity is important to everybody affected by these issues properly understanding and exercising their rights.
“It is unlikely that Parliament appreciated these consequences when it passed the Equality Act, and they have become more serious with societal change since that time. As the equality regulator, we deem this to be a wholly unsatisfactory situation, which Parliament should address with urgency.”
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