UK Supreme Court hears landmark legal challenge over how a 'woman' is defined in law

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UK Supreme Court hears landmark legal challenge over how a 'woman' is defined in law
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The U.K. Supreme Court has begun hearing a legal challenge focusing on the definition of “woman” in a long-running dispute between a women’s right campaign group and the Scottish government.

LONDON — The U.K. Supreme Court on Tuesday began hearing a legal challenge focusing on the definition of “woman” in a long-running dispute between a women’s right campaign group and the Scottish government.

While the case centers on Scottish laws, the campaign group bringing the challenge, For Women Scotland , has said its outcomes could have U.K.-wide consequences for sex-based rights as well as everyday single-sex services such as toilets and hospital wards.The case stems from a 2018 law passed by the Scottish Parliament stating that there should be a 50% female representation on the boards of Scottish public bodies. That law included transgender women in its definition of women.

Scottish officials then issued guidance stating that the definition of “woman” included a transgender woman who has a gender recognition certificate.“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,” the group’s director Trina Budge said.

“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,” he said. “It is an expression of one’s bodily reality. It is an immutable biological state.”

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