U.K. Supreme Court. (Photo by Tom Morris; from Wikimedia
The U.K. Supreme Court ruled April 16 that the definition of a woman is someone who is born biologically female, explicitly excluding transgender people from the legal definition.
Several women’s groups that were in support of the appeal celebrated outside as it was passed and deemed it a significant victory in their goal of “protecting women-designated spaces.”
In a unanimous ruling, the U.K. Equality Act now excludes trans women from being able to access some groups and single-sex spaces, such as homeless shelters, changing rooms, swimming areas and medical or counseling services provided only to women.
“Everyone knows what sex is and you can’t change it,” said co-director of For Women Scotland, Susan Smith. “It’s common sense, basic common sense and the fact that we have been down a rabbit hole where people have tried to deny science and to deny reality and hopefully this will now see us back to reality.”
This change coincides with the anti-trans legislation being passed in the U.S. over the past several years, which has included banning gender-affirming care for minors, barring trans women and girls from competitive sports and restricting public restroom usage.
Since beginning his second term in January, President Donald Trump has signed executive orders to perpetuate a strict definition of sex. He has done so by attempting to remove transgender service members from the military, block federal spending on gender-affirming care for anyone under 19 and block their sports participation on a national level.
While the legislative change in the U.K. targets the transgender community, it “does not remove protection from trans people” said Justice Patrick Hodge.
One group, Scottish Trans, shared that they were “shocked and disappointed” by the ruling and that it would undermine legal protections for the community that were enshrined in the 2004 Gender Recognition Act.
Maggie Chapman, a Green Party lawmaker in the Scottish Parliament, said the ruling was incredibly concerning for human rights and was a devastating setback for some of the most marginalized people in society.
“Trans people have been cynically targeted and demonized by politicians and large parts of the media for far too long,” she said. “This has contributed to attacks on longstanding rights and attempts to erase their existence altogether.”
Those who celebrated the ruling said that they wanted a protected definition of sex to provide clarity and confidence for women.
Those who have pushed back see it as a conflict with human rights laws. Amnesty International, one of the opponents of the ruling shared that “a blanket policy of barring trans women from single-sex services is not a proportionate means to achieve a legitimate aim.”
