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Supreme Court judges to consider how women are defined in law

SUPREME COURT judges are considering how women are defined in law.

The landmark case brought by Scottish campaigners today will determine whether transwomen with a gender recognition certificate are treated as women under the Equality Act.

It could have implications for the running of single-sex spaces and services as well as measures aimed at tackling discrimination.

There has been much dispute about how the Gender Recognition Act 2004 and the Equality Act 2010 interact.

The former states that a gender recognition certificate amounts to a change of sex “for all purposes” while the latter defines a woman as “a female of any age.”

A Supreme Court ruling could bring clarity around interpretation of the law called for by public bodies left to work out policy on their own.

For Women Scotland is challenging a December 2022 ruling by Scotland’s Court of Session that the legal definition of sex included those in possession of a gender recognition certificate.

The Scottish government says the two pieces of legislation are clear in their language.

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