A legal challenge over whether trans women can be regarded as female for the purposes of the 2010 Equality Act begins at the UK Supreme Court on Tuesday.
The action is the latest in a series of challenges brought by the campaign group For Women Scotland (FWS) over the definition of “woman” in Scottish legislation mandating 50% female representation on public boards.
When the group’s legal argument was published ahead of the appeal last month, FWS director Trina Budge said: “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.
“However, the ramifications of this case are much more far-reaching and all sex-based rights protected by the Equality Act are at risk.
“The stakes are high and the court’s decision will have consequences for everyday single-sex services such as toilets and hospital wards.
“It will determine whether a pregnant woman with a GRC is entitled to maternity leave, what it means to be same-sex attracted, and whether a man with a GRC’s entitlement to join a group of lesbians takes priority over their right to freely associate with only women.
“Trans rights are protected under the separate category of gender reassignment but to fully guarantee women’s rights it is increasingly clear that a consistent, biological and factual understanding of sex is the only workable solution.”
Source: Appeal on status of trans women under Equality Act to be heard in Supreme Court