On Wednesday, the UK Supreme Court ruled that the legal definition of a woman should be based entirely on biological sex.
Five judges ruled unanimously that the terms ‘woman’ and ‘sex’ in the Equality Act 2010 referred to biological women only. It essentially means that, in the eyes of the law, holders of gender recognition certificates (GRC) are no longer legally seen as women.
It is a move that has been seen as controversial on either side of the debate, but it is one that could potentially further weaponise trans rights in the country and jeopardise any further progress. There are fears some will now use the ruling to further excel their hatred and campaigning against the trans, non-binary and intersex community.
Judges in the landmark case have stressed that the decision should not be seen as a victory of any side of the argument, but the reports of campaigners breaking into applause and collective song outside the courtroom would perhaps suggest otherwise.
As the LGBTQ+ reporter for the Manchester Evening News, I have been able to see day-in and day-out the people and organisations that work tirelessly across Greater Manchester and beyond to support, recognise and champion the trans and non-binary community.
The ruling decision earlier this week, however, still didn't come as much of a surprise to me. Whilst it is devastating in a number of ways, I think it's something that many would have also expected. People who are often labelled as gender-critical are given big opportunities to air their views, with their tweets often promoted by big names such as Elon Musk and JK Rowling on social media platform X.
One of the major misunderstandings about this whole situation is that if you take a stance - you are either against trans women or you are against women altogether. Many disagree that there can't be another option - but there is. There are people, like myself, who want trans people to be able to live their authentic lives, freely and without prejudice, whilst also allowing women - all women, including trans women - to be and feel safe.
To many people, it's gone beyond the use of toilets or changing rooms now and I feel that the noise has detracted from any possible valid arguments that could have really been made without the need to attack or vilify a community. My concern is that some people will only see this as a chance to further push for a back-pedal on trans rights or use it as an excuse to hurt them. And that's absolutely not okay.
It's a tricky subject, which can lead to toxicity, but it's one that many LGBTQ+ organisations are refusing to back down on. The TransActual organisation, which provides information and support for the trans community, said it is ‘devastated’ by the ruling - but will continue to fight for equality.
“The Supreme Court chose not to hear from any trans people, preferring instead to listen to exclusionary groups,” the Community Interest Company which shares insights on trans rights UK law to help raise awareness said.
Campaigners, including TransActual, have also expressed confusion over the ruling - suggesting it had ‘answered one question with many more’ and contained ‘a number of contradictions’. It has also been highlighted how no members of the trans community were consulted during the Supreme Court's hearings.
“Instead of bringing clarity, the Supreme Court has made a ruling which appears to contain a number of contradictions,” a TransActual spokesperson said. “ Irrespective of the small print, the intent seems clear: to exclude trans people wholesale from participating in UK society. Today, we are feeling very excluded.
“It says that trans people are still protected under the Equality Act. Yet, by saying that trans women are men and trans men are women, with or without legal gender recognition, it also appears to have undermined the Gender Recognition Act. In so doing it poses more questions than it answers.
“Yet, we have come through worse before and are not going away. Whatever the world throws at us, we will be back, each time, stronger and bolder than before.”
Gender-critical campaigners have already claimed the ruling as a triumphant win for their argument, with the For Women Scotland group simply tweeting “yaaaaaaaaaaaaaaaaaaaaaaaaaaaaas” in response. JK Rowling was amongst those to heap praise on the campaign group which took on the Scottish government in the case.
A group of more than 700 LGBTQ+ organisations across the country, including the LGBT Foundation in Manchester, said they are ‘deeply concerned’ at the ruling and the potential ‘widespread, harmful implications’ it could result in.
"As LGBT+ organisations across the country, we stand in solidarity with trans, intersex and non-binary folk as we navigate from here," the Consortium group said in a statement.
"We need to take the time to digest the full implications of the ruling and to understand what this will mean on both legal and practical levels and will say more over the coming weeks."
The UK government said the ruling will help bring ‘clarity and confidence’ not only for women but those operating hospitals, sports clubs, gyms and refuge spaces.
A spokesperson said: “We have always supported the protection of single sex spaces based on biological sex. Single-sex spaces are protected in law and will always be protected by this government.”
Clearly, there’s still a big grey area remaining over the ruling - and this is perhaps the most dangerous part right now. Nobody really knows what it exactly means, whilst others are claiming - unofficially - that it means one thing or another. Like TransActual said, the LGBTQ+ community has been through enough turmoil, discrimination and prejudice over the years for this to be the first rodeo of its kind.
Organisations have urged the trans community to remain calm, but I just want to remind any of the trans and non-binary community reading this to know that you are seen, you are heard, and you will be respected. Even though it might not necessarily feel like it right now, there are a lot of people in your corner.
As the Scottish Trans group said, it is about working for a world where trans people can just 'get on their lives with privacy, dignity and safety'.
