WORRIED LGBTQ+ Groups Respond to Ruling

By Maddy Ashton

On Wednesday, in what many consider to be a major setback for the rights of transgender people, the Supreme Court ruled that the term ‘women’ was defined by biological sex.

The case was brought about by the campaign group For Women Scotland known for their anti-trans rhetoric. The group challenged Scottish ministers' decision to define ‘women’ as both biological women, and transgender women who have received a gender recognition certificate (GRC), in regard to sex-based protections outlined in the Equalities Act (2010). While the case specifically focused on the definition of the term ‘women,’ the Court’s unanimous decision to define sex as biological will restrict all trans people, including those who have GRC’s, from being able to access single sex spaces. 

Pictured: 'For Women Scotland' organisation outside UK Supreme Court after ruling. Source: Yahoo News

LGBTQ+ organizations, as well as many other groups, have spoken out against the ruling, with Stonewall’s CEO Simon Blake warning that it resulted in ‘widespread implications.’ While noting how worrying the ruling would be for the trans community, Blake highlighted that Lord Hodge, Deputy-President of the UK Supreme Court, had reaffirmed that transgender people would still be protected by the Equality Act against discrimination based on gender reassignment. For many, this reassurance is simply not enough as Wednesday’s ruling may disregard the Gender Recognition Act (2004), which ensures transgender people who have received a GRC are legally recognised as their reassigned gender. However; this remains to be seen when challenged in court.

Pictured: Lord Hodge, who delivered the ruling. Source: Supreme Court UK

Vic Valentine, manager of Trans Scotland, stated that the Court’s decision ‘reverses twenty years of understanding on how the law recognizes trans men and women with Gender Recognition Certificates.’ In a statement regarding the ruling, Equality Network highlighted that while the Court took intervention from several organisations which campaign to restrict trans rights, not a single trans person was heard from. They noted the Court’s ruling was in line with a case that, despite being all about trans people, completely lacked trans voices, and concluded:

‘No-one should celebrate a decision that takes a group of people’s human rights away.’

Engender Scotland, an intersectional feminist organisation, expressed that they were disappointed by the ruling, stating: ‘generations of feminists have fought against women being defined by our reproductive function and bodies.’ This issue of the female body regarding reproductive function raises a serious concern with the Court’s ruling - if women are defined by biological sex, then how is biological sex defined?

The Court stated that the Equality Act ‘makes clear that sex is binary’ and though the word 'biological’ does not appear, they assume that that is what is meant by ‘sex.’ They then stated that biological sex is ‘assumed to be self-explanatory and require no further explanation.’ This statement has been called into question, with some biologists noting that biological sex itself is not always binary.

The ruling has also seen a huge amount of public backlash, with protests in support of the trans community organised for this weekend across Scotland and the UK at large.

Dundee is set to host its own protest in support of trans rights today at 1pm. It will be held at Slessor Gardens behind the Caird Hall.