The United Kingdom’s Supreme Court has heard arguments in a case in which the justices must define “what is a woman” as it pertains to the “Equality Act” by the Scottish government.
Five Supreme Court justices — three men and two women — agreed to hear the case brought by the women’s rights group For Women Scotland (FWS) against the Scottish legislature after it passed a law stating that every Scottish public board should include an equal amount of men and woman. However, the Scottish government’s definition of “woman” includes trans-identifying men with a “gender recognition certificate” (GRC), the Associated Press reported.
It also claimed that the certificate entitled transgender individuals to the same protection under the Equality Act as those born female, the NewStatesmen reported.
Lawyer for FWS, Aidan O’Neill, told the justices that “sex” should refer to biological sex as understood “in ordinary, everyday language” when it comes to the Equality Act. A 2022 decision by Scotland’s Court of Session ruled that for the purpose of equality, sex was “not limited to biological or birth sex” and that it included those with a GRC.
“Our position is your sex, whether you are a man or a woman or a girl or a boy is determined from conception in utero, even before one’s birth, by one’s body,” O’Neill said. “It is an expression of one’s bodily reality. It is an immutable biological state.”
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For Women Scotland’s director, Trina Budge, pointed out, “Not tying the definition of sex to its ordinary meaning means that public boards could conceivably comprise of 50% men, and 50% men with certificates, yet still lawfully meet the targets for female representation.”
‘Gender identity, Aidan O’Neill told the court, “is not a trump card against the rights of women”. And the rights of women, and lesbian women in particular, are ignored by the Scottish government’s position. Women’s rights are human rights, too.’https://t.co/eJCUqKl0fB
— J.K. Rowling (@jk_rowling) November 30, 2024
FWS includes such high profile members as famed “Harry Potter” author J.K. Rowling, who reportedly donated what would be equivalent to more than $10,000 to the group’s fight.
Rowling has been a very vocal advocate for women and recently took to social media and shared a quote from O’Neill during the hearing.
“Gender identity, Aidan O’Neill told the court, ‘is not a trump card against the rights of women.’ And the rights of women, and lesbian women in particular, are ignored by the Scottish government’s position. Women’s rights are human rights, too,” Rowling’s post read.
A judgement on the case is not expected until well into the new year.
Related: J.K. Rowling Says Fighting For ‘Safety Of Women And Children’ Is Hill She’s Willing To Die On
