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LONDON: The UK Supreme Court is poised to rule Wednesday in a legal challenge focusing on the definition of a woman in a long-running dispute between a women’s rights group and the Scottish government.
Five judges at Britain’s highest court are scheduled to rule whether a transgender person with a certificate that recognizes them as female can be regarded as a woman under equality laws.
While the case centers on Scottish law, the group bringing the challenge, For Women Scotland (FWS), has said its outcomes could have UK-wide consequences for sex-based rights as well as everyday single-sex services such as toilets and hospital wards.
What’s the case about?
The case stems from a 2018 law passed by the Scottish Parliament stating that there should be a 50 percent female representation on the boards of Scottish public bodies. That law included transgender women in its definition of women.
The women’s rights group successfully challenged that law, arguing that its redefinition of “woman” went beyond parliament’s powers.
Scottish officials then issued guidance stating that the definition of “woman” included a transgender woman with a gender recognition certificate.
FWS sought to overturn that.
“Not tying the definition of sex to its ordinary meaning means that public boards could conceivably comprise of 50 percent men, and 50 percent men with certificates, yet still lawfully meet the targets for female representation,” the group’s director Trina Budge said.
The challenge was rejected by a court in 2022, but the group was granted permission last year to take its case to the Supreme Court.
What are the arguments?
Aidan O’Neill, a lawyer for FWS, told the Supreme Court judges – three men and two women – that under the Equality Act “sex” should refer to biological sex and as understood “in ordinary, everyday language.”
“Our position is your sex, whether you are a man or a woman or a girl or a boy is determined from conception in utero, even before one’s birth, by one’s body,” he said on Tuesday. “It is an expression of one’s bodily reality. It is an immutable biological state.”
The women’s rights group counts among its supporters author J.K. Rowling, who reportedly donated tens of thousands of pounds to back its work. The “Harry Potter” writer has been vocal in arguing that the rights for trans women should not come at the expense of those who are born biologically female.
Opponents, including Amnesty International, said excluding transgender people from sex discrimination protections conflicts with human rights.
Amnesty submitted a brief in court saying it was concerned about the deterioration of the rights for trans people in the UK and abroad.
“A blanket policy of barring trans women from single-sex services is not a proportionate means to achieve a legitimate aim,” the human rights group said.

Afghan children will die because of US funding cuts, an aid agency official said Tuesday.
The warning follows the cancelation of foreign aid contracts by President Donald Trump’s administration, including to Afghanistan where more than half of the population needs humanitarian assistance to survive.
Action Against Hunger initially stopped all US-funded activities in March after the money dried up suddenly. But it kept the most critical services going in northeastern Badakhshan province and the capital Kabul through its own budget, a measure that stopped this month.
Its therapeutic feeding unit in Kabul is empty and closing this week. There are no patients, and staff contracts are ending because of the US funding cuts.
“If we don’t treat children with acute malnutrition there is a very high risk of (them) dying,” Action Against Hunger’s country director, Cobi Rietveld, told The Associated Press. “No child should die because of malnutrition. If we don’t fight hunger, people will die of hunger. If they don’t get medical care, there is a high risk of dying. They don’t get medical care, they die.”
More than 3.5 million children in Afghanistan will suffer from acute malnutrition this year, an increase of 20 percent from 2024. Decades of conflict — including the 20-year US war with the Taliban — as well as entrenched poverty and climate shocks have contributed to the country’s humanitarian crisis.
Last year, the United States provided 43 percent of all international humanitarian funding to Afghanistan.
Rietveld said there were other nongovernmental organizations dealing with funding cuts to Afghanistan. “So when we cut the funding, there will be more children who are going to die of malnutrition.”
The children who came to the feeding unit often could not walk or even crawl. Sometimes they were unable to eat because they didn’t have the energy. All the services were provided free of charge, including three meals a day.
Rietveld said children would need to be referred to other places, where there was less capacity and technical knowledge.
Dr. Abdul Hamid Salehi said Afghan mothers were facing a crisis. Poverty levels among families meant it was impossible to treat severely malnourished children in private clinics.
“People used to come to us in large numbers, and they are still hoping and waiting for this funding to be found again or for someone to sponsor us so that we can resume our work and start serving patients once more.”