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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.”

International

JUST IN: Trump Sacks US Ambassador To Nigeria, Others

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The Trump administration has recalled the United States Ambassador to Nigeria, Richard M. Mills Jr., as part of a broader shake-up involving nearly 30 career diplomats serving in ambassadorial and senior embassy posts around the world.

Mills, who assumed his post in Nigeria in July 2024 during the Biden administration, is among the affected envoys who received notices last week that their tenures will end in January 2026. The move aligns with efforts to ensure U.S. diplomatic representatives fully support President Donald Trump’s “America First” foreign policy priorities.

Africa has been the most impacted region, with ambassadors recalled from 13 countries: Burundi, Cameroon, Cape Verde, Gabon, Côte d’Ivoire, Madagascar, Mauritius, Niger, Nigeria, Rwanda, Senegal, Somalia, and Uganda. Other affected regions include Asia (six countries, including the Philippines and Vietnam), Europe (four countries), the Middle East (two countries), and additional posts in South Asia and the Western Hemisphere.

Many of these diplomats were appointed under the previous Biden administration and had initially survived an earlier wave of changes that primarily targeted political appointees. Ambassadors serve at the pleasure of the president and typically hold posts for three to four years, though the administration described the recalls as a “standard process” for any new presidency.

A State Department spokesperson defended the decision, stating: “An ambassador is a personal representative of the president, and it is the president’s right to ensure that he has individuals in these countries who advance the America First agenda.”

The recalls, first reported by Politico, have raised concerns among some lawmakers and the American Foreign Service Association, the union representing U.S. diplomats. The affected career diplomats will return to Washington for potential reassignment but will no longer serve as chiefs of mission in their current postings.

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UPDATE: Burkina Faso Releases 11 Detained Nigerian Air Force Personnel and Aircraft Following High-Level Talks

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Burkina Faso has released 11 Nigerian Air Force personnel and their C-130 aircraft, ending a nearly two-week diplomatic standoff triggered by the plane’s emergency landing in the country.

The release was confirmed shortly after Nigeria’s Minister of Foreign Affairs, Ambassador Yusuf Maitama Tuggar, concluded a meeting with Burkina Faso’s President, Captain Ibrahim Traoré, on Wednesday in Ouagadougou.

Tuggar, acting as President Bola Ahmed Tinubu’s special envoy, delivered a message of solidarity and fraternity while addressing the incident involving the aircraft, which made a precautionary landing in Bobo-Dioulasso on December 8 due to technical issues en route to Portugal.

A statement from Alkasim Abdulkadir, spokesperson for Tuggar, described the resolution as amicable, noting that both nations resolved concerns over the Nigerian Air Force pilots and crew through constructive dialogue.

The Ministry of Foreign Affairs later confirmed the release of both the personnel and the aircraft, emphasizing sustained diplomatic engagement at the highest levels.

The incident had initially raised tensions, with Burkina Faso citing procedural irregularities in airspace authorization. Nigeria expressed regret over the matter while reaffirming respect for Burkina Faso’s sovereignty.

Officials on both sides highlighted the spirit of fraternity, with Tuggar praising the treatment accorded to the crew during their stay. Discussions also touched on broader cooperation in security and counter-terrorism.

The swift resolution underscores ongoing efforts to maintain neighborly relations amid regional challenges, with the personnel expected to return home imminently.

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Nigeria’s Foreign Minister Tuggar Delivers President Tinubu’s Message of Solidarity to Burkina Faso’s Traoré Amid Diplomatic Resolution

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In a high-level diplomatic engagement, Nigeria’s Minister of Foreign Affairs, Ambassador Yusuf Maitama Tuggar, met with Burkina Faso’s President, Captain Ibrahim Traoré, on Wednesday to deliver a personal message of solidarity and fraternity from President Bola Ahmed Tinubu.

The meeting, held in the Burkinabè capital, focused on strengthening bilateral ties and addressing shared regional challenges, particularly in security and counter-terrorism efforts.

Sources confirm that the visit paved the way for the swift release of 11 Nigerian Air Force personnel and their aircraft, which had been detained following an emergency landing earlier this month.

Tuggar emphasized the longstanding historical bonds between the two nations, stating after the audience: “We exchanged views on cooperation in several sectors, including the fight against terrorism. Nigeria remains committed to sustained dialogue and enhanced regional solidarity to tackle common threats.

“A key point of discussion was the recent incident involving a Nigerian C-130 aircraft that made a precautionary landing in Bobo-Dioulasso due to technical issues.

Tuggar acknowledged procedural irregularities in the airspace authorization process, expressing Nigeria’s regret and reaffirming respect for Burkina Faso’s sovereignty and international aviation norms.

The minister also distanced the Nigerian government from controversial remarks by a domestic political figure alleging mistreatment of the detained personnel, declaring: “We clearly dissociate ourselves from those comments and express our sincere regrets to the government of Burkina Faso.

“Tuggar praised President Traoré’s administration for the “spirit of fraternity” shown toward the Nigerian crew during their stay, noting Burkina Faso’s recent successes in counter-terrorism operations.

The resolution underscores Nigeria’s preference for diplomacy in resolving regional misunderstandings, with officials highlighting ongoing collaboration despite broader sub-regional tensions.

The released personnel are expected to return home shortly, marking a positive step in Nigeria-Burkina Faso relations.

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