UK’s top court says legal definition of woman refers to biological sex
Britain’s highest court ruled on Wednesday that only biological and not trans women meet the definition of a woman under equality laws, a landmark decision greeted with concern by trans supporters but welcomed by the government as bringing clarity.
The much anticipated ruling centred on whether a trans woman with a gender recognition certificate (GRC), a formal document giving legal recognition of someone’s new gender, is protected from discrimination as a woman under Britain’s Equality Act.
Critics said that including a trans woman as a woman under the law could impinge on single-sex services for women such as refuges, hospital wards and sports. But transgender campaigners said that excluding them could lead to discrimination, especially over employment issues.
“The unanimous decision of this court is that the terms ‘women’ and ‘sex’ in the Equality Act 2010 refer to a biological woman and biological sex,” Deputy President of the Supreme Court Patrick Hodge said.
“But we counsel against reading this judgment as a triumph for one or more groups in our society at the expense of another – it is not.”
Transgender rights have become a highly political issue in Britain and other parts of the world. Some critics say the conservative right has weaponised identity politics to attack minority groups, while others argue that liberal support for transgender people has infringed on the rights of biological women.
In the United States, legal challenges are underway after President Donald Trump issued executive orders that include barring transgender people from military service.
SCOTTISH GUIDANCE
Wednesday’s judgment in Britain followed legal action by a campaign group, For Women Scotland (FWS), against guidance issued by the devolved Scottish government that accompanied a 2018 law designed to increase the proportion of women on public sector boards.
The guidance said a trans woman with a gender recognition certificate was legally a woman. FWS, which was backed by lesbian rights groups, lost its case in the Scottish courts, but the Supreme Court ruled in its favour.
“Today the judges have said what we always believed to be the case: that women are protected by their biological sex, that sex is real and that women can now feel safe that services and spaces designated for women are for women,” Susan Smith, co-director of FWS, told cheering supporters outside court.
Britain’s Labour government said the Supreme Court’s decision would bring clarity for hospitals, refuges and sports clubs.
“Single-sex spaces are protected in law and will always be protected by this government,” a government spokesperson said.
The Supreme Court said trans people – whether trans women or men – would not be disadvantaged by its decision as the Equality Act afforded them protection against discrimination or harassment.
Harry Potter author J.K. Rowling, who has been publicly gender critical, was among those who welcomed the decision.
“It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK,” Rowling said on X.
Trans rights campaigners said the ruling had worrying implications.
“Today is a challenging day, and we are deeply concerned at the widespread, harmful implications of today’s Supreme Court ruling,” a consortium of LGBT+ organisations, including prominent group Stonewall, said in a statement.
“We need to take the time to digest the full implications of the ruling and to understand what this will mean on both legal and practical levels … it is important to be reminded that the Supreme Court reaffirmed that the Equality Act protects trans people against discrimination.”
Trans woman and campaigner Ellie Gomersall said it was “another attack on the rights of trans people to live our lives in peace”.
Legal experts said the ruling showed equality legislation might need to be urgently updated to ensure trans people were protected.
“In the short-term this ruling has the power to create further division and increase tensions,” said Phillip Pepper, employment partner at law firm Shakespeare Martineau.
“However, it will offer long-term clarity for businesses which have been left to interpret ambiguous, contradictory legislation on their own until this point, potentially landing in hot water as a result.”
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Creatives & Coins Podcast
A podcast that dives deep into the vibrant and rapidly evolving digital creative economy in Kenya. This show explores the lives, challenges, and triumphs of individuals who are successfully navigating the gig and creative economies. From digital artists and content creators to freelance writers and tech entrepreneurs, we spotlight the voices that are shaping the future of work in Kenya.
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Fixing The Nation
Fixing the Nation is a bold and groundbreaking show that will take an unflinching look at challenges facing the Kenyan society and the solutions that can move us forward. It is anchored by respected journalists Eric Lattif, Janet Mbugua, and Mariam Bishar. Podcast created by: Nation FM
Fixing the Nation
Fixing the Nation is a bold and groundbreaking show that will take an unflinching look at challenges facing the Kenyan society and the solutions that can move us forward. It is anchored by respected journalists Eric Lattif, Janet Mbugua, and Mariam Bishar
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
Noma
NOMA is a gripping family drama that delves into the complexities of sibling rivalry, parental expectations, and the struggle for identity within a powerful business family In the heart of Nairobi, the Mwamba family stands as a beacon of success, with a thriving business empire built by the patriarch, MZEE AMAON MWAMBA. However, beneath the surface, the family is fractured by jealousy, unspoken desires, and the weight of expectations.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.