My thoughts on the Supreme Court Ruling on the definition of woman.
I am feeling shock, sadness and utter disappointment by the recent Supreme Court ruling concerning the definition of ‘woman’. There are already many posts out there going into the details of what the ruling says.
What I’d like to highlight is how unhelpful this ruling is to women. All women.
No evidence, science or lived experience-based knowledge that contradicted the group’s view was accepted into this court hearing. So, non-trans people made decisions for and about trans people without hearing a single trans voice. Where is the democracy in that?
Biology is not binary
The hearing was based entirely on the premise that biology is binary. We know this to be incorrect. Anyone who has studied human biology in the last 40 years will have a basic understanding that there are essentially three biological categories: female, male and intersex (approx. 1.7% of global population). [The term intersex is a western word and other cultures use different language to describe this category.] Biology is determined by three aspects: physical characteristics, hormones and chromosomes. Each is independent of the other and determined at different stages during gestation.
Many assume only physical characteristics are required to fully determine biological status but all three areas are required. The majority of the worlds population therefore will not categorically know their biological status. If we simply use something such as certain body parts to determine biology, what does this say about those born without those elements? Or those who have had those body parts removed/no longer functioning?
Focus on trans women
So, why does the court ruling focus on trans women? Why are trans women feared? There doesn’t seem to be the same level of concern regarding a male attendant in the women’s toilet. Or that a female attendant serving the men’s toilet might be in severe danger (all those men!). So why the insistence that trans women are dangerous? Is it because trans women are being viewed as men? I don’t have all the answers. I suspect that it is related, in part at least, to the ongoing mis-information that gay and trans people are held by certain faiths as immoral and that society at large is under threat from them. From what exactly? My thoughts are that church and state together collude with the knowledge that if gay and trans people are no longer ridiculed, if they are afforded equal rights to cisgender and heterosexual folk, that it will further highlight gender hierarchy. Church and state need society to keep the status quo. If all people are equal, irrespective of gender, what will happen to patriarchal society?
If those who are intersex are recognised in law it will mean costly changes to systems, forms and, of course, gender hierarchy. Who would pay for this? Who would benefit? I can see similarities with advocacy for equal rights for people with disabilities. The government didn’t want to pick up this bill. They don’t want to pick up the bill to allow intersex people to be legally valid.
Perceptions of definition of woman
This Supreme Court Ruling on the definition of woman dictates that anyone who is perceived as trans can be excluded from women-only spaces. Basically this means that anyone who doesn’t fit a rigid idea of woman/femininity potentially could be excluded. We’ve seen this play out in women’s athletics where competitors are now expressing in what might be described as ultra-feminine ways so as not to be considered ‘too masculine’. They don’t want to risk being humiliatingly investigated like in Casta Semenia’s case. Maintaining binary categories for biology and competition but then denying someone from competing is detrimental for all women. In Semenia’s case, she was accused of having an unfair advantage and prevented from competing, even though she is assigned female. There are all sorts of natural variations between competitors which have to be lived with as part of competition. So why is this different?
Since the court hearing we have already seen additional hostility towards trans women, intersex folk and anyone who doesn’t fit a certain standard.
If you need support please do get in touch.
Be a trans and intersex ally
A number of people have reached out in the last few days asking how they can help. If you’d like to be a trans ally, please consider:
- writing to your MP (see template below)
- challenge incorrect information around binary biology, and the perceived danger that trans, non-binary and intersex people pose
- support intersex individuals and advocate for visibility and equality. Help fund change where you can.
- support non-violent protests
- increase your own knowledge about the discrimination faced by intersex, trans and non-binary folk
To find your MP list search your postcode here: https://lnkd.in/eygrZGvb
Email template:
Protect Trans, Non-Binary and Intersex People in Wake of Supreme Court Ruling
Dear [MP’s Name],
I hope this message finds you well. I am writing to express my serious concern regarding the recent UK Supreme Court ruling which defines the legal term “woman” as based solely on biological sex. Whilst the court framed this as a matter of legal clarity, the wider consequences are troubling and risk undermining the rights and dignity of transgender, non-binary and intersex people across the UK.
Although the ruling states that transgender people remain protected from discrimination, it opens the door to a narrower, more exclusionary interpretation of those protections and opens the door to further discrimination down the line. This leaves many feeling increasingly vulnerable, particularly those who have undergone legal transition under the Gender Recognition Act. The ruling also fails to recognise the existence and rights of non-binary people altogether, and places intersex people in legal limbo.
There is clear consensus amongst leading medical and psychological bodies, including the British Medical Association, the World Health Organisation and the Royal College of Psychiatrists, that gender identity is a real and deeply held aspect of who someone is. Trans women are women, trans men are men, and non-binary people exist and deserve legal recognition. Supporting people to live in alignment with their gender identity significantly improves mental health and wellbeing outcomes.
In addition, intersex people, whose lived experiences challenge the notion of a strict binary sex framework, have been overlooked in both the legal judgement and in much of the public discourse that surrounds it. Their continued invisibility in law contributes to stigma, confusion, and a lack of appropriate healthcare and protections.
This is not a victory for women’s rights. Real equality cannot be achieved by denying the rights of others. We must be able to hold space for all marginalised genders, and ensure that legislation reflects the lived realities of those it affects. I urge you to take this matter seriously and to use your platform to call for stronger, clearer protections for trans, non-binary and intersex people. This includes ensuring that the Equality Act and its guidance uphold inclusive practices, and that future legal definitions are grounded in compassion, scientific evidence, and human rights.
I hope you will do everything you can to stand up for the rights, dignity and safety of all your constituents.
Kind regards,
[Your Full Name]
Template courtesy of https://lnkd.in/eWkZanqA