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Landmark ruling: Supreme Court backs biological definition of woman

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IN A LANDMARK judgment with far-reaching implications, the UK Supreme Court has ruled unanimously that the legal definition of a “woman” in the Equality Act 2010 refers exclusively to biological females. The ruling, delivered on Wednesday (Apr 16), marks a decisive legal victory for gender-critical campaigners and ends years of ambiguity over how the law should treat transgender women in single-sex spaces and public appointments.

The case was brought by the campaign group For Women Scotland (FWS), who challenged the Scottish Government’s policy allowing transgender women with Gender Recognition Certificates (GRCs) to be counted as women on public boards under legislation designed to achieve gender balance.

The Supreme Court ruled that such a definition went beyond the powers of the Scottish Parliament and was inconsistent with the meaning of “woman” under the Equality Act.

Women protest outside the supreme court in London last November (Image: Zuma)

Legal clarity on biological sex

Deputy President of the Court, Lord Hodge, said the justices found that “sex” in the Equality Act refers to a biological woman and biological sex. “Although the word ‘biological’ does not appear in this definition, the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman,” he said.

The judges rejected the argument that sex could be interpreted based on GRCs, calling such a view “incoherent” and “fanciful.” They further warned that allowing a definition of sex based on certification would create “heterogeneous groupings” and undermine the protections the law intends to offer.

Implications for single-sex spaces and policies

The ruling affirms that protections under the Equality Act apply to biological sex, enabling organisations to restrict access to women-only spaces and services — such as domestic violence refuges, rape crisis centres, hospital wards, and changing rooms — based on biological sex rather than legal gender status.

The Court emphasised that the ruling does not diminish the protections transgender people have under the protected characteristic of “gender reassignment,” but clarified that a person’s biological sex cannot be altered by acquiring a GRC for the purpose of the Equality Act.

In a key passage, the judges noted: “A man who identifies as a woman who is treated less favourably because of the protected characteristic of gender reassignment will be able to claim on that basis.”

Government and campaign reaction

A UK Government spokesperson welcomed the decision, saying it “brings clarity and confidence for women and service providers such as hospitals, refuges, and sports clubs.” Former Equalities Minister and now Conservative Leader Kemi Badenoch called it a “victory for women,” adding: “Women are women and men are men: you cannot change your biological sex.”

Mims Davies MP, the Conservative shadow women’s minister, said the government must now “clarify all existing guidance to ensure public bodies understand that sex means biological sex.”

Former SNP MP Joanna Cherry KC, who previously warned that broad definitions of sex could harm women’s rights, said she felt “hugely vindicated” and urged both UK and Scottish governments to implement the ruling into everyday policy.

Lara Brown of the Policy Exchange thinktank said the decision “secured women’s sex-based rights,” adding: “It should never have taken a court case to prove the biological definition of a woman.”

Celebrations and protest

Marion Calder and Susan Smith of For Women Scotland were photographed celebrating outside the Supreme Court, with FWS posting jubilant messages on social media. The group Sex Matters, which intervened in the case, said: “The court has given the right answer: the protected characteristic of sex – male and female – refers to reality, not paperwork.”

However, trans rights campaigners expressed alarm at the wider impact of the ruling. Scottish Trans urged supporters “not to panic,” while Ellie Gomersall of the Scottish Greens said the judgment “undermines the vital human rights of my community to dignity, safety and the right to be respected for who we are.”

Amnesty International, the only trans-inclusive organisation allowed to intervene, warned the case could be the “thin end of the wedge” and potentially erode other rights for transgender people.

Legal background and funding

The ruling concludes a long-running legal battle over the Gender Representation on Public Boards (Scotland) Act 2018, which sought to ensure 50% female representation and included trans women with GRCs in the definition of “woman.” FWS argued this conflicted with the Equality Act’s definition of sex and that Holyrood had exceeded its legislative competence.

Their challenge was dismissed in the Scottish courts before being brought to the Supreme Court. A crowdfunding campaign led by FWS raised £230,000 for legal costs, including a £70,000 contribution from author JK Rowling.

No transgender individuals were allowed to participate directly in the hearings, a decision criticised by some legal commentators, including retired judge Victoria McCloud, who said an international appeal might have been pursued if the case had gone the other way.

Future legislative reform?

While the ruling interprets existing law, it does not itself change legislation. However, it is expected to lead to renewed calls for Parliament to amend the Equality Act 2010 to reflect modern understandings of gender and sex — or to confirm its reliance on biological definitions.

The Equality and Human Rights Commission has previously called for the Act to be clarified, warning that MPs “had not appreciated the consequences for women and lesbians” of the law viewing transgender women with GRCs as legally female.

There are also concerns the ruling may embolden those campaigning to reverse aspects of the Gender Recognition Act 2004, particularly around the legal recognition of acquired gender.

Despite shelving previous reform plans, Labour has indicated it remains committed to protecting transgender rights and is expected to proceed with a trans-inclusive ban on conversion practices later this year.

A moment of reckoning

The Herald understands this decision marks a pivotal moment in UK equalities law, drawing a firm legal distinction between sex and gender identity.

For some, it is a long-overdue return to legal clarity and sex-based rights; for others, it represents a retreat from inclusion and a chilling signal to the trans community.

Lord Hodge concluded the judgment by urging restraint, saying: “This should not be seen as a triumph of one group over another.” Yet as the dust settles on the Supreme Court steps, both sides are preparing for what comes next.

 

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Who has the power to save Tenby Summer Spectacular?

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As Henry Tufnell MP joins calls for a solution, questions remain over harbour access, pedestrian safety and who can legally authorise the event

WITH Tenby Summer Spectacular still at risk, attention is now turning to a simple but crucial question: who actually has the power to save it?

The much-loved charity event, run by Tenby Round Table, has become one of the town’s biggest summer attractions, bringing thousands of people into the harbour area and raising money for local good causes.

But organisers have warned that the event may not be able to go ahead unless outstanding concerns over pedestrian safety and access around the harbour are resolved.

Henry Tufnell MP has now added his voice to calls for a solution, saying he is “very concerned” that the event is at risk.

The local MP said he had written several times to Pembrokeshire County Council over the past few months to help resolve the outstanding issues, and that his office met with the council this week to press for progress.

Mr Tufnell said he welcomed the council’s public statement confirming its support for the Spectacular, and said he would continue speaking to the council, Tenby Round Table and police.

At the heart of the row is a practical but important issue: how the harbour area can be made safe for thousands of visitors while still allowing access for residents, businesses and emergency services.

Pembrokeshire County Council has said it supports the event and wants it to go ahead. It has also said it has not directed organisers to cancel.

However, Tenby Round Table has said one key legal question remains unanswered after months of discussions.

That question appears to be whether the organisers can legally control or restrict access in the harbour area in the way required to satisfy safety concerns.

For an event of this size, the issue is not simply whether the council, police or organisers want it to happen. The question is whether the right legal powers, safety plans and permissions are in place.

The council has a role through licensing and public safety. The police may advise on safety, traffic and crowd management. The organisers are responsible for putting forward an event plan that can be safely delivered.

That means no single person can simply “save” the Spectacular by saying it should go ahead.

Instead, the event now appears to depend on whether the council, police and Tenby Round Table can agree a workable solution over harbour access, crowd control and emergency arrangements.

The row has also sparked strong reaction online, with many residents frustrated at the possibility of losing one of Tenby’s best-known summer events.

Supporters say the Spectacular is not only a family night out, but an important boost for traders and a major charity fundraiser.

Others have argued that safety concerns cannot simply be brushed aside, particularly when large crowds gather in a confined harbour setting.

Mr Tufnell said: “The Tenby Summer Spectacular is an incredible event run by the Tenby Round Table for our community, supporting local businesses and raising hundreds of thousands of pounds for charity.

“Like many of you, I am very concerned to see that the event is at risk of not going ahead.

“I have written several times to Pembrokeshire County Council to help resolve the outstanding issues regarding pedestrian safety and access around the harbour.

“I welcome the statement published by the council reinforcing their support for the Spectacular. I am reassured by their public commitment to finding a path forward.”

The coming days are now likely to be crucial.

For the event to be rescued, the key question is whether a legally sound and practical access plan can be agreed quickly enough for organisers to proceed with confidence.

Until then, the future of Tenby Summer Spectacular remains uncertain — not because there is a lack of public support, but because no one has yet produced a final answer to the question of who can lawfully control the harbour when thousands of people arrive.

 

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Police watchdog referral made after fatal A4075 crash

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No suggestion of pursuit or contact between police vehicle and motorcycle, force says

A VOLUNTARY referral was made to the Independent Office for Police Conduct following the fatal A4075 crash which claimed the life of 22-year-old Callum Hanson.

Dyfed-Powys Police has confirmed the referral was made because a police vehicle was in the vicinity of the collision, which happened between Canaston Bridge and Yerbeston on Wednesday (Jun 17).

The force said the referral was made to ensure full transparency and independent oversight.

However, police have stressed that there is no suggestion of an active pursuit or any contact between the police vehicle and the motorcycle at the time of the incident.

The IOPC has now referred the matter back to Dyfed-Powys Police for an internal investigation by the force’s Professional Standards Department.

A Dyfed-Powys Police spokesperson said: “A voluntary referral was made to the Independent Office for Police Conduct in relation to this case, due to the presence of a police vehicle in the vicinity.

“This was to ensure full transparency and is a standard requirement in order to ensure independent oversight.

“There is no suggestion of an active pursuit or any contact between the motorbike and the police vehicle at the time of the incident.

“Due to this, the IOPC have referred the matter back to Dyfed-Powys Police for an internal investigation by the Professional Standards Department.

“While PSD carry out their enquiries it would not be appropriate to comment on the matter further.

“The thoughts of Dyfed-Powys Police remain with Callum’s family and friends at this time, and we would still ask that anyone with information about the incident contacts the force.”

Callum, from Haverfordwest, died in hospital following the collision involving a grey Kia Sorento and a white Yamaha motorcycle. A 22-year-old woman who was travelling as a pillion passenger was also taken to hospital.

His family later paid tribute to him as a “kind, loving” young man who lived life to the fullest despite his own personal challenges.

They said he was deeply caring and had spent the last month looking after his grandad, who had also recently passed away.

Callum had a passion for gaming and motorbikes and was training to become a mechanic at college.

Police are continuing to appeal for witnesses or anyone with dashcam footage from the A4075 between Canaston Bridge and Yerbeston at around 6:15pm on Wednesday (Jun 17).

Anyone with information is asked to contact Dyfed-Powys Police online, by emailing [email protected], by calling 101, or by direct message on social media.

Quote reference 362 of June 17.

 

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Wales inactivity rate rises as opposition warns economy is ‘flatlining’

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ALMOST one in four working-age people in Wales are economically inactive, according to the latest labour market figures.

The Welsh Government’s June labour market overview shows the economic inactivity rate in Wales was 24.8% for people aged 16 to 64.

That is down 0.6 percentage points on the previous quarter, but up 0.6 percentage points over the year. The UK rate stood at 21.0%.

Economic inactivity refers to people who are not in work and are not classed as unemployed because they are not actively seeking work or are not available to start.

The figures have prompted criticism from the Welsh Conservatives, who said Wales’ economy was failing to grow strongly enough.

Janet Finch-Saunders MS, Shadow Minister for Enterprise, Connectivity and Energy, said: “These latest figures show the Welsh economy has continued to flatline with too many people economically inactive.

“We urgently need welfare reform to get people off benefits and into work, where they can pay their taxes and help generate more revenue to invest in better public services.

“The new Plaid Cymru government needs to focus relentlessly on creating the conditions for businesses to start up and expand because this is the only way to grow the Welsh economy and make Wales more prosperous.”

The latest statistics also show Wales’ unemployment rate was 3.8%, up 0.3 percentage points on the quarter but down 0.9 percentage points over the year. The UK unemployment rate was 4.9%.

The Welsh Government said evidence from a range of sources suggested the Welsh labour market was following a similar trend to the UK as a whole.

It also said Cabinet Minister for Enterprise, Connectivity and Energy Adam Price was keen to meet the Office for National Statistics to discuss the reliability of labour market data for Wales.

The issue is likely to remain politically significant because economic inactivity affects the size of the workforce, business recruitment, tax receipts and pressure on public services.

Across Wales, inactivity can include people out of work because of long-term illness, caring responsibilities, study, early retirement or other reasons. For rural and coastal areas, including Pembrokeshire, the challenge is often linked to the availability of suitable jobs, transport, skills and seasonal work.

 

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