One of the hot-button topics that seems to ignite a fierce conversation is that of gender. Recently, it made its way to the UK Supreme Court and they established that a woman is legally defined based on biological and not certified s*x.
In an 88-page ruling that was published recently, the top judges in Britain declared: “The definition of s*x in the Equality Act 2010 makes clear that the concept of s*x is binary, a person is either a woman or a man.” This got a lot of attention online, as you would expect.
One person who had something to say was JK Rowling, the author of the Harry Potter series. She 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.
“Trans people have lost zero rights today, although I don’t doubt some (not all) will be furious that the Supreme Court upheld women’s s*x-based rights.
“@ForWomenScot, I’m so proud to know you.”
Rowling was behind the activist group during their campaign with her wallet open. She also shared a post that read: “𝐰𝐨𝐦𝐚𝐧 𝘯𝘰𝘶𝘯, ‘an adult female human being’— source: THE UK SUPREME COURT.”
The legal battle has been ongoing between the activist group and the Scottish government over the definition of a woman. This was due to legislation in Scotland that mandated that 50% of public boards be represented by women.
For Women Scotland started the legal campaign and said ministers had included trans people in the 50% quota.
According to Lord Hodge, five of the Supreme Court justices unanimously decided ‘the terms woman and s*x in the Equality Act refer to a biological woman and biological s*x.’
At the same time, Lord Hodge spoke in the Supreme Court and recognized ‘the strength of feeling on both sides.’ He also said that this judgment should not be viewed as a triumph for cisgender women over trans women.
He said: “The Equality Act gives transgender people protection not only against discrimination through the protected characteristics of gender reassignment, but also against direct discrimination, indirect discrimination, and harassment, in substance, in their acquired gender.”
In a 2023 ruling by the Scottish courts, it was lawful to treat someone with a gender recognition certificate as a woman. This was under the Equality Act.
This new ruling will be effective in England, Scotland, and Wales and it will likely be felt in the application of gender rights. This includes how spaces that are for women only should operate.
In the UK government, a spokesperson said that the ruling brings ‘clarity and confidence’ for those who run sports clubs, hospitals, and women’s refuges, along with the women who use them.
“We have always supported the protection of single s*x spaces based on biological s*x. Single-s*x spaces are protected in law and will always be protected by this government.”
In short, the ruling would restrict the rights of transgender women to use the spaces and services that are reserved for biological women.
Kemi Badenoch, a conservative leader said: “Saying ‘trans women are women’ was never true in fact and now isn’t true in law, either.
“A victory for all of the women who faced personal ab*se or lost their jobs for stating the obvious.
“Women are women and men are men: you cannot change your biological s*x.
“The era of Keir Starmer telling us that some women have p*nises has come to an end. Hallelujah! Well done @ForWomenScot!”
Trans rights activists, on the other hand, met the ruling with criticism. A protester outside of the court was shouting ‘Trans rights are human rights.’ They also shouted ‘Even if you k*ll every last one of us, another will be born tomorrow.’
Others were concerned about the impact this would have on the rights of trans people and how it could ‘remove important protections and leave many trans people and their loved ones deeply anxious.’