In a decision which has all the hallmarks of TERF Island, the UK Supreme Court has ruled that the terms “woman” and “sex” in the Equality Act 2010 refer exclusively to characteristics assigned at birth – thanks to a campaign by anti-trans campaigners who have mobilised under anti-feminist left hate campaigns and far-right hate movements.
This judgment, delivered by Lord Hodge, has significant implications for the rights of transgender women across the UK, as well as other members of gender queer communities.
The UK Supreme Court: siding with the anti-trans lobby
The case was brought forward by the anti-trans campaign group For Women Scotland, which has a history of challenging the inclusion of trans women in definitions of “woman” within Scottish legislation . Their legal challenge was supported by author and anti-trans bigot J.K. Rowling, who contributed £70,000 to the cause.
The group predictably argued that the inclusion of trans women with Gender Recognition Certificates (GRCs) in the definition of “woman” diluted the meaning of the term and infringed upon the rights of cisgender women.
They sought a legal interpretation that would exclude trans women from this category, regardless of their legal recognition.
This ruling effectively excludes trans women, even those with GRCs, from legal protections and opportunities afforded to cisgender women under the Equality Act. As the Guardian noted:
In a defeat for the Scottish government… [the court’s] decision will mean that transgender women can no longer sit on public boards in places set aside for women.
It could have far wider ramifications by leading to much greater restrictions on the rights of transgender women to use services and spaces reserved for women
The Supreme Court has undermined the legal recognition that trans people have fought hard to obtain. It sets a concerning precedent for the erosion of trans rights in the UK.
Trampling over trans people’s rights
By prioritising a gender normative definition of sex over legal gender recognition, the court’s decision disregards the lived experiences and identities of trans women. It raises questions about their access to single-sex spaces, participation in public life, and protection against discrimination.
The Supreme Court’s decision reflects a troubling trend within politics and justice to favour a narrow, right-wing view of gender, ignoring the complexities of gender identity and trampling over the rights of trans people.
This approach fails to consider the social and legal realities and plays right into the hands of the anti-trans lobby, the far-right, and bigots.
Ellie Gomersall is a 25-year-old trans woman living in Glasgow’s Southside.
She was previously president of NUS Scotland from 2022-2024 and is an activist for the Scottish Green Party. She is also a columnist for the National.
Ellie said of the Supreme Court ruling:
I’m gutted to see this judgement from the Supreme Court, which ends twenty years of understanding that transgender people with a gender recognition certificate are able to be, for almost all intents and purposes, recognised legally as our true genders.
These protections were put in place in 2004 following a ruling by the European Court of Human Rights, meaning today’s ruling undermines the vital human rights of my community to dignity, safety and the right to be respected for who we are.
This ruling represents yet another attack on the rights of trans people to live our lives in peace. With hate crimes against trans people on the rise across Britain, it’s time for the UK Labour government to stop sitting on the fence when it comes to the human rights of trans people, to step up, and defend one of the most vulnerable minorities in the country.
The rise of the far-right – now endorsed by the Supreme Court
Right-wing campaign groups like For Women Scotland, while claiming to advocate for women’s rights, are little more than anti-trans pressure groups that align themselves with the worst elements of right-and far-right wing politics. They have focused their efforts on excluding trans women, thereby perpetuating discrimination and division.
Their actions, supported by high-profile figures, contribute to a hostile environment for trans people and detract from the broader goal of gender equality.
This ruling represents a huge setback for trans rights in the UK. It challenges the progress made since the introduction of the Gender Recognition Act 2004 and signals an authoritarian, right-wing shift towards intolerance and repression.
The decision may embolden further legal challenges aimed at rolling back the rights of trans people, affecting their access to healthcare, legal recognition, and protection from discrimination.
It is imperative that lawmakers and society at large recognise the importance of upholding the rights and dignity of everyone – not just who a handful of bigoted women say they should.
The anti-trans lobby does not care for women’s rights. It only cares for its own, narrow-minded campaign which seeks to present trans women as a threat.
Yet paradoxically, by aligning with the far-right, groups like For Women Scotland are – at a time when women’s bodily autonomy and healthcare rights are being rolled back across the world – actually damaging their own alleged cause.
Featured image via the Canary
