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Legal Matters
Scotland
Supreme Court backs 'biological' definition of woman

The UK Supreme Court has unanimously ruled that under the Equality Act 2010, the terms 'woman' and 'sex' refer to biological sex, not legal sex as defined by a Gender Recognition Certificate. The decision concludes a high-profile case brought by campaign group For Women Scotland against the Scottish Government. The ruling means organisations will have legal backing to protect single-sex spaces such as changing rooms, lavatories and women's shelters on the basis of biological sex. The court also emphasised that while the ruling affirms sex-based protections apply to those born female, it does not diminish legal protections for transgender individuals under the characteristic of gender reassignment. First minister John Swinney said his Government accepted the court's judgment. He added: "We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions." Baroness Falkner, chairwoman of the Equalities and Human Rights Commission, said the result of the ruling "cannot be overstated" and her organisation would review its guidelines as a matter of urgency.

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