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UK Supreme Court rules definition of ‘woman’ based on sex at birth and not by transgender

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The UK supreme court has ruled that the terms “woman” and “sex” in the Equality Act refer to a biological woman and biological sex, in a victory for gender-critical campaigners.

Five judges from the UK supreme court ruled unanimously that the legal definition of a woman in the Equality Act 2010 did not include transgender women who hold gender recognition certificates (GRCs).

In a significant defeat for the Scottish government, the court decision will mean that transgender women can no longer sit on public boards in places set aside for women.

It could have far wider ramifications by leading to much greater restrictions on the rights of transgender women to use services and spaces reserved for women, and prompt calls for the UK’s laws on gender recognition to be rewritten.

The UK government said the ruling “brings clarity and confidence” for women and those who run hospitals, sports clubs and women’s refuges.

A spokesperson said: “We have always supported the protection of single sex spaces based on biological sex. Single-sex spaces are protected in law and will always be protected by this government.”

John Swinney, Scotland’s first minister, posted on social media: “The Scottish government accepts today’s supreme court judgment. The ruling gives clarity between two relevant pieces of legislation passed at Westminster.

We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions.”

Lord Hodge told the court the Equality Act (EA) was very clear that its provisions dealt with biological sex at birth, and not with a person’s acquired gender, regardless of whether they held a gender recognition certificate.

That affected policymaking on gender in sports and the armed services, hospitals, as well as women-only charities, and access to changing rooms and women-only spaces, he said.

In a verbal summary of the decision, he said: “Interpreting sex as certificated sex would cut across the definitions of man and woman in the EA and thus the protected characteristic of sex in an incoherent way.

It would create heterogeneous groupings.

“As a matter of ordinary language, the provisions relating to sex discrimination, and especially those relating to pregnancy and maternity and to protection from risks specifically affecting women, can only be interpreted as referring to biological sex.”

Trans rights campaigners urged trans people and their supporters to remain calm about the decision.

The campaign group Scottish Trans said: “We are really shocked by today’s supreme court decision, which reverses 20 years of understanding of how the law recognises trans men and women with gender recognition certificates.

“We will continue working for a world in which trans people can get on with their lives with privacy, dignity and safety. That is something we all deserve.

”Ellie Gomersall, a trans woman in the Scottish Green party, called on the UK government to change the law to entrench full equality for trans people.

Gomersall said: “I’m gutted to see this judgment from the supreme court, which ends 20 years of understanding that transgender people with a gender recognition certificate are able to be, for almost all intents and purposes, recognised legally as our true genders.

“These protections were put in place in 2004 following a ruling by the European court of human rights, meaning today’s ruling undermines the vital human rights of my community to dignity, safety and the right to be respected for who we are.”

The gender critical campaign group For Women Scotland, which is backed financially by JK Rowling, said the Equality Act’s definition of a woman was limited to people born biologically female.

Maya Forstater, a gender critical activist who helped set up the campaign group Sex Matters, which took part in the supreme court case by supporting For Women Scotland, said the decision was correct.

“We are delighted that the supreme court has accepted the arguments of For Women Scotland and rejected the position of the Scottish government.

The court has given us the right answer: the protected characteristic of sex – male and female – refers to reality, not to paperwork.”

Hodge, the deputy president of the court, said it believed the position taken by the Scottish government and the Equality and Human Rights Commission that people with gender recognition certificates did qualify as women, while those without did not, created “two sub-groups”.

This would confuse any organisations they were involved with. A public body could not know whether a trans woman did or did not have that certificate because the information was private and confidential.

And allowing trans women the same legal status as biological women could also affect spaces and services designed specifically for lesbians, who had also suffered historical discrimination and abuse.

In part of the ruling that could have sweeping implications for policymakers in the sports world and sports centres, he said some services and places could “function properly only if sex is interpreted as biological sex”.

“Those provisions include separate spaces and single-sex services, including changing rooms, hostels, medical services, communal accommodation, [and] arise in the operation of provisions relating to single-sex characteristic associations and charities, women’s fair participation in sport, the operation of the public sector equality duty and the armed forces.”

Hodge urged people not to see the decision “as a triumph of one or more groups in our society at the expense of another”.

He said all transgender people had clear legal protections under the 2010 act against discrimination and harassment.

Kishwer Falkner, the chair of the Equality and Human Rights Commission, which had intervened in the case to support the Scottish government’s stance, said it would need time to fully interpret the ruling’s implications.

However, the commission was pleased it had dealt with its concerns about the lack of clarity around single-sex and lesbian-only spaces.

“We are pleased that this judgment addresses several of the difficulties we highlighted in our submission to the court, including the challenges faced by those seeking to maintain single-sex spaces, and the rights of same-sex attracted persons to form associations.”

Crime

Indonesia to Repatriate British Grandmother on Death Row, Says Official

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Indonesia will sign an agreement on Tuesday to repatriate two British nationals convicted of drug-related crimes, including Lindsay Sandiford, a grandmother sentenced to death, according to a senior Indonesian government source.

“The practical arrangement will be signed today. The transfer will be done immediately after the technical side is agreed,” the official told AFP, naming Sandiford and Shahab Shahabadi, 35, as the individuals to be returned to the UK.

Sandiford was sentenced to death in 2013 after she was caught smuggling cocaine worth over $2.1 million into Bali from Thailand. The drugs were discovered concealed in a false bottom of her suitcase. Shahabadi, arrested in 2014, is currently serving a life sentence for separate drug offences.

Although the Indonesian source listed Sandiford’s age as 68, public records indicate she is 69.

A joint press conference with Indonesian officials and the British ambassador to Indonesia was scheduled for later Tuesday, according to the Coordinating Ministry for Legal, Human Rights, Immigration and Correctional Affairs.

Tabloid Attention and Personal Testimony

Sandiford’s case received widespread attention in the UK after she admitted to the offences but claimed she was coerced by a drug syndicate that threatened to kill her son. In a 2015 article published in The Mail on Sunday, Sandiford wrote from prison about her fear of imminent execution:

“My execution is imminent, and I know I might die at any time now. I could be taken tomorrow from my cell. I have started to write goodbye letters to members of my family.”

Originally from Redcar, in northeast England, she also wrote that she planned to sing the Perry Como hit “Magic Moments” before facing the firing squad.

During her time in prison, Sandiford reportedly became close friends with Andrew Chan, one of the “Bali Nine” Australian drug smugglers who was executed in 2015.

Policy Shift on Repatriation

The planned transfer follows recent moves by the Prabowo Subianto administration to repatriate foreign nationals serving harsh sentences for drug crimes. In December 2024, Mary Jane Veloso, a Filipina who spent nearly 15 years on death row, was allowed to return home. In February 2025, Serge Atlaoui, a French national, was repatriated after 18 years on death row.

Indonesia, known for having some of the world’s strictest drug laws, last carried out executions in 2016, when three Nigerian citizens and an Indonesian were executed by firing squad. As of early November 2025, more than 90 foreign nationals remain on death row in the country, all for drug-related offences.

The British Embassy in Jakarta declined to comment, directing inquiries to the Indonesian government.

Indonesian authorities have recently signalled the potential resumption of executions, after nearly a decade-long de facto moratorium.

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International

Protest in US over Trump’s policies

Organisers said seven million people marched in protests spanning New York to Los Angeles, with demonstrations popping up in small cities across the US heartland and even near Trump’s home in Florida.

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(AFP): Huge crowds took to the streets in all 50 US states at “No Kings” protests over the weekend, venting anger over President Donald Trump’s hardline policies, while Republicans ridiculed them as “Hate America” rallies.

Organisers said seven million people marched in protests spanning New York to Los Angeles, with demonstrations popping up in small cities across the US heartland and even near Trump’s home in Florida.

“This is what democracy looks like!” chanted thousands in Washington near the US Capitol, where the federal government was shut down for a third week because of a legislative deadlock.

Colourful signs called on people to “protect democracy,” while others demanded the country abolish the Immigration and Customs Enforcement (ICE) agency at the centre of Trump’s anti-immigrant crackdown.

Demonstrators slammed what they called the Republican billionaire’s strong-arm tactics, including attacks on the media, political opponents and undocumented immigrants.

“I never thought I would live to see the death of my country as a democracy,” 69-year-old retiree Colleen Hoffman told AFP as she marched down Broadway in New York.

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International

Thieves steal French crown jewels

They included the emerald-and-diamond necklace that Napoleon gave his wife Empress Marie Louise, and the diadem of Empress Eugenie, the wife of Napoleon III.

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•A tiara worn by the Empress Eugenie, wife of Napoleon III was stolen

Thieves wielding power tools raided the Louvre in broad daylight Sunday, taking just seven minutes to grab some of France’s priceless crown jewels, but dropping a gem-encrusted crown as they fled, officials and sources said.

Authorities recovered the 19th-century crown — damaged — near the museum.

The spectacular heist, one of several to target French museums in recent months, forced the closure of the Louvre, the world’s most-visited museum and home to the Mona Lisa.

Police are looking for a team of four thieves, Paris’s chief prosecutor Laure Beccuau, told the BFMTV channel.

Soldiers patrolled the famed glass pyramid entrance, while evacuated visitors, tourists and passersby were kept at a distance behind police tape.

It was “like a Hollywood movie”, one American tourist, Talia Ocampo, told AFP.

It was “crazy” and “something we won’t forget — we could not go to the Louvre because there was a robbery”, she said.

A culture ministry statement said eight items of jewellery had been stolen from the Gallerie Apollon which houses the French crown jewels.

“Two high-security display cases were targeted, and eight objects of invaluable cultural heritage were stolen,” said the ministry statement.

They included the emerald-and-diamond necklace that Napoleon gave his wife Empress Marie Louise, and the diadem of Empress Eugenie, the wife of Napoleon III.

Beccuau said the thieves threatened museum guards with the angle grinders they used to break into the jewellery cases. She said a team of 60 investigators were assigned to the crime.

– ‘Unsellable’ –

The robbers used a powered, extendable ladder of the sort used to hoist furniture into buildings to get into a gilded gallery housing the crown jewels, sources and officials said.

The 19th-century crown of Empress Eugenie, was found broken near the museum afterwards, a source following the robbery said, asking to remain anonymous because they were not authorised to speak to the media.

The crown, featuring golden eagles, is covered in 1,354 diamonds and 56 emeralds, according to the museum’s website.

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