The Supreme Court in London is set to decide what defines a woman in a ruling next week, a matter that’s become an international debate.
Scottish courts have considered a law, the 2010 Equality Act, applies across Great Britain, according to the BBC. A lower Scottish court had ruled against a women’s group bringing the challenge. The lower court said biology does not define sex.
The appeal is now before the Supreme Court in London.
The women’s group, For Women Scotland, argues that sex is based on biology.
The Scottish government, meanwhile, says the law requires gender recognition based on an individual’s certificate, which can be changed after birth.
Arguments were heard last year in the dispute, but a decision is expected to be announced Wednesday, with the high court deciding what defines “sex.”
The law gives protection against discrimination based on “sex.”
In the U.S., the Supreme Court has faced petitions to consider whether it’s lawful to ban transgender people from women’s facilities and sports.
Currently, the justices are deciding whether to hear a legal battle out of West Virginia over the state passing a law that requires boys and girls to compete in sports based on their biological sex.
That case is West Virginia v. BPJ. It would take four of the justices to vote in favor of hearing the case for oral arguments to be scheduled.
Justice Ketanji Brown Jackson, the newest member of the court appointed by former President Joseph R. Biden in 2022, made headlines during her confirmation hearing when asked to define “woman.”
“Provide a definition for the word ’woman,’” said Sen. Marsha Blackburn, Tennessee Republican.
“I can’t,” Justice Jackson responded. “I am not a biologist.”
“The meaning of the word ’woman’ is so unclear and controversial that you can’t give me a definition?” Ms. Blackburn responded.
