The Supreme Court ruling could have widespread implications for sex-based rights across the UK -- including access to single-sex spaces for transgender women.
If the court rules in favour of the gender critical campaigners, LGBTQ+ activists fear trans women will no longer be able to access certain facilities like women's shelters.
According to the Scottish government, anyone who has transitioned to female and has a Gender Recognition Certificate (GRC), is considered a woman under the Equality Act as well.
Supreme Court judges will issue a ruling at around 10:00 am (0900 GMT), which will decide whether someone who has transitioned to female and has a GRC is considered and protected as a woman under the Equality Act.
FWS brought the appeal to the Supreme Court in November, after first launching a legal challenge against 2018 Scottish legislation aimed at hiring more women in public sector bodies.
Under that act, a GRC allows trans people to legally change their gender to identify as a man or a woman.
A lawyer representing the Scottish government told the Supreme Court in November that a person who becomes a woman “in consequence of a GRC” is entitled to the same rights “just as much as others enjoy those protections who are recorded as a woman at birth”.
Aidan O'Neill, representing FWS in the appeal, asked the court to take account of “the facts of biological reality rather than the fantasies of legal fiction”.
According to Crawford, just under 8,500 people in the UK had obtained a GRC for sex change since the 2004 act -- an average of 420 people a year.
The awaited Supreme Court ruling will likely stir strong reactions from either end of a highly-charged debate which has pitted gender critical and trans rights activists against each other.
However, the verdict could also provide much-needed clarity on trans rights and the gender change process in Britain -- amid an attack on transgender people and so-called “gender ideology” in the United States under President Donald Trump.
While trans rights became politicised in the UK under the previous Conservative administration, which blocked Scottish legislation to make gender change easier in 2022, they have taken a back seat since a Labour government came into power last year.
However, the reforms were left off the government's legislative agenda, and sources cited by British media earlier this year said such changes were not a priority for this administration.
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