A MARTÍNEZ, HOST:
What is a woman? That's a question Britain's highest court is weighing in on. Today, judges in London rule that a woman is someone born biologically female. It's a decision that has big implications for transgender rights in that country. NPR's Lauren Frayer is at our bureau in London. So, Lauren, what does this ruling say?
LAUREN FRAYER, BYLINE: Yeah. So today, the Supreme Court of the United Kingdom ruled that the terms woman and sex refer to a biological woman and biological sex. Their ruling was unanimous. They issued an 88-page judgment that says in one part, quote, "the concept of sex is binary. A person is either a man or a woman." And this is based on a case that started in Scotland several years ago, but it has big implications for trans people across the U.K. at a time when, you know, similar legal challenges are underway in the United States after President Trump banned transgender people again from military service there.
MARTÍNEZ: Yeah, so that Scottish case. Tell us about that Scottish case and how this legal process began.
FRAYER: So in 2018, Scotland passed a law requiring half of all board members for public organizations in Scotland to be women. And it included transgender women in that, as long as they have a gender recognition certificate. But a group of gender critical feminists challenged that. They want sex protections or quotas to apply only to people born female. Now, the Scottish courts turned them down, but the U.K.'s highest court today has now overruled them.
MARTÍNEZ: So what's the reaction been to today's ruling?
FRAYER: So there were cheers and hugs and sort of fists pumping in the air in the court among supporters of the group that basically won this case. It's called For Women Scotland. Its co-founder, Susan Smith, spoke to reporters outside the courtroom.
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SUSAN SMITH: Sex is real, and that women can now feel safe that services and spaces designated for women are for women.
FRAYER: You know, this ruling is being seen as a victory for gender critical groups like hers. Probably the most famous gender critical feminist in this country is somebody you may have heard of, J. K. Rowling, the "Harry Potter" author.
MARTÍNEZ: Yeah, she's been a very big voice, a very sometimes controversial voice on this issue. How has she reacted today?
FRAYER: Yeah. She has been. And she actually backed this group in this case financially - For Women Scotland. She gave them financial support and she posted praise on social media today. She said this ruling, quote, "protects the rights of women and girls across the U.K." The U.K. government has welcomed this ruling, too, saying it'll provide clarity for women. But this is really seen as a big blow to transgender rights in this country. A transgender campaigner named Heather Herbert spoke to the BBC today.
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HEATHER HERBERT: It feels just like we're following in the footsteps of Trump's America, where we're attacking minorities.
FRAYER: And it's worth noting the judge who read out the ruling today said the U.K. law does still protect transgender people from discrimination, and he thinks this should not be seen as a victory for either side. But some trans groups are, you know, saying they really worry that this ruling could lead to more discrimination, possibly in the labor market against people who have been issued these gender recognition certificates. And a charity called Scottish Trans issued a call to its supporters and to transgender people across the U.K. today to look out for each other.
MARTÍNEZ: All right, that's NPR's Lauren Frayer in London. Lauren, thank you.
FRAYER: Thank you.
(SOUNDBITE OF DAVIGNON'S "DUALITIES") Transcript provided by NPR, Copyright NPR.
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