Written by: Pearl Kupe
Article source: Supplied
On Wednesday 16th of April, 2025, a UK Supreme Court made a landmark and precedent setting ruling.
In the ruling, Lord Hodge stated that five Supreme Court justices had unanimously decided ‘the terms “woman” and “sex” that are referred to in the Equality Act refer to a ‘biological woman and biological sex’. In an 88-page ruling, the justices said: ‘The definition of sex in the Equality Act 2010 makes clear that the concept of sex is binary, a person is either a woman or a man.’
Activists and advocates for women’s rights, including FWS, For Women Scotland directors Susan Smith and Marion Calder are celebrating and applauded the landmark ruling and decision. This decision follows a recent landmark executive order made by the new USA Trump administration.
In February, 2025 President Donald Trump signed an executive order banning transgender women from competing in female categories of sports. This was after a huge international public outcry erupted with regard to the safety of biologically born women who were having to compete with transgender “females”. Issues of fairness and safety were raised, especially in physical sports such as boxing.
Here are some of the reactions from various political and international organisations leaders and Women activists groups:
Conservative party leader Mrs Kemi Badenoch praised campaign group FWS and said, ’Saying ‘trans women are women’ was never true in fact, and now isn’t true in law either,’ she said. This is a victory for all of the women who faced personal abuse or lost their jobs for stating the obvious. Women are women and men are men: you cannot change your biological sex.The era of Keir Starmer telling us women can have (male genitals-paraphrased) has come to an end. Well done to For Women Scotland!’
Mims Davies, the shadow minister for women, stated that this was a ‘clear victory for common sense’ and that the UK Supreme Court decision is a “victory for women across the United Kingdom”
Author JK Rowling who has been a long time advocate for women’s issues said: ‘It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK.’
Baroness Kishwer Falkner, chair of the Equality and Human Rights Commission, said: ‘Today the Supreme Court ruled that a gender recognition certificate does not change a person’s legal sex for the purposes of the Equality Act.
Surprisingly enough, even the United Nation’s special rapporteur on violence against women and girls stated that the ruling was a ‘triumph of reason and facts’.This is surprising because the UN has not been known to support biblical and righteous perspectives and stances. UN Rapporteur Reem Alsalem said ‘I welcome this decision by the UK Supreme Court holding that the term ‘man’ ‘woman’ and’sex’ in the Equality Act of 2010 refers to biological sex.It represents the triumph of reason and facts based deliberations and the return of common sense. Congratulations to For Women Scotland and all their allies that have supported them in their quest to uphold the rights of women to equality and non-discrimination.The ruling is a recognition that the erasure of the ordinary meaning of sex in law and in policies has rendered it impossible to upholding the protection [of] women, including lesbians on the basis of the characteristic of sex. Beyond the UK, I hope other jurisdictions are paying attention to this groundbreaking ruling.’
This judgement could have far reaching implications as regards sex based rights. South African legislators, judiciary and executive members of the government should take heed of this trend and follow suit instead of going the opposite way!
#KeNako!
Pearl Kupe-Attorney & International consultant to world leaders & International organizations. She is the International President-Global Forum for Women Entrepreneurs- www.gfwe.co.za . Personal website on www.Pearlkupe.co.za. She is the TBN Africa DSTAV channel 343 Host on Ambassador of Change, Sundays at 13h00 and Wednesdays at 09h30 and 19h30(SAST)
You can follow Pearl on facebook page Pearl Kgomotso Kupe
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Date published: 17/04/2025
Feature image: Image for illustrative purposes only. Artwork from www.freepik.com
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