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UK Supreme Court decision declares law defines a woman as someone born biologically female

A landmark case in the United Kingdom has seen the Supreme Court declare that in law a woman is defined as someone who was born biologically female.

The judgement says a woman is defined by “biological woman and biological sex”, in law.

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The decision came from five judges who were unanimous in their decision. The ruling is expected to have wide ranging effects in relation to single sex spaces, and will exclude people who are transgender from services, spaces and potentially anti-discrimination protections.

The Scottish government had argued that transgender women who held a gender recognition certificate should be treated as women under the law. The long running case was brought by campaigners from For Women Scotland.

The case stems from a 2018 law passed by the Scottish Parliament that called for 50 per cent of the boards of Scottish public bodies to be made up of women, but the law also recognised transgender women.

The decision has been welcomed by the British government who say it provides clarity in the law; however human rights groups, including Amnesty International, have raised alarm saying the decision opens up opportunities for transgender people to be discriminated against.

Australian campaigners who argue that Australian laws should be changed to have a similar definition have welcomed the decision.

Sall Grover, the CEO of women’s only app Giggle for Girls, lost a discrimination case brought by transgender woman Roxanne Tickle who had been barred from the app. Grover is currently appealing the decision and has welcomed the UK ruling.

Appearing on The Project Grover said she felt “elated” and hoped that all Commonwealth countries would the United Kingdom’s lead.

Grover said the campaign was not about hate or a phobia but “one group of people wanting to establish truth and reality and another group of people can’t come along and take that away”.

Do you need some support?

If you are struggling with anxiety or depression, support and counselling are available from:

QLife: 1800 184 527 / qlife.org.au (Webchat 3pm – midnight)
QLife are a counselling and referral service for LGBTQIA+ people.

DISCHARGEDinfo@discharged.org.au / discharged.org.au
Discharged is a trans-led support service with peer support groups for trans and gender diverse folks.

Lifeline: 13 11 14 / lifeline.org.au

Beyondblue: 1300 22 4636 / www.beyondblue.org.au

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