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'What is a woman?': Court ruling reopens the 'gender war' in the UK

'What is a woman?': Court ruling reopens the 'gender war' in the UK

LeMonde24-05-2025

The sun was shining and the smiles were wide. On April 16, in front of the UK Supreme Court – a neo-Gothic architectural gem across from the Palace of Westminster – Susan Smith and Marion Calder, two founders of the group For Women Scotland, celebrated their victory. Surrounded by photographers, they toasted and then sang their rallying song, "For Women's Rights," to the tune of the famous Scottish melody "Auld Lang Syne." After five years of legal battles with the Scottish government, the country's highest court ruled in favor of these so-called "gender critical" feminist activists, who believe gender is not a perception but a biological reality, by offering a definitive answer to a seemingly basic question: "What is a woman?"
The Equality Act 2010, the country's main anti-discrimination law, had not, until now, defined the term "woman." In its April 16 decision, which carries the force of law, the Supreme Court restricted the definition to "biological sex." The court rejected the previously prevailing interpretation that transgender women with a gender recognition certificate – which legally acknowledges their change of gender – are also considered women and therefore entitled to access women-only spaces such as toilets, locker rooms or prisons. "This is a victory for common sense," declared the founders of For Women Scotland after the hearing, surrounded by banners in purple and green – the colors of the suffragettes, those early 20 th -century campaigners for women's right to vote, whose memory remains cherished in the country.

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