Government Rejects Call to Legally Define 'Woman' in Response to Petition

Justice Minister OIA.
Aide Memoire: Government Response to the Petition of Bob McCoskrie on the Legal Definition of 'Woman' released the OIA Ministry of Justice

The Government has decided against legislating a definition of the word "woman," stating it is not a priority and would have limited impact, according to documents released under the Official Information Act.

The decision comes in response to a petition submitted by conservative lobbyist Bob McCoskrie, who urged Parliament to define "woman" as "an adult human female" across all laws, public policies, and regulations. McCoskrie argued that the lack of a clear, biological definition jeopardises the rights of biological women, particularly in areas such as sport and access to women-only spaces.

However, a Cabinet aide memoire prepared for Justice Minister Paul Goldsmith and tabled at the Cabinet Legislation Committee on 10 April reveals that the Government will not pursue such a change. The response—led by Minister for Women Nicola Grigg—acknowledges the concerns raised but emphasises that defining "woman" would not materially affect existing legal protections or discrimination laws.

Justice Minister OIA.

“The proposed change would not have the impact desired by the petitioner, would be resource intensive, and would not alter the discrimination provisions in the Human Rights Act,” the briefing states.

Instead, the Government intends to await the results of a Law Commission review, due mid-2025, which is examining whether current legal protections sufficiently cover transgender, non-binary, and intersex people. The aide memoire suggests that broader questions about gender and sex-based rights should be considered within that review.

The Human Rights Act 1993 currently prohibits discrimination on the basis of "sex", a term that has been interpreted to include gender. Cabinet reaffirmed this position in February, responding to a previous petition.