Hard Truths - Redux.

Apr 17
3 min read

Updated: Apr 19

Summary of the UK Ruling.

Yes! It will be used as supporting evidence for US policy and lawmakers. So get ready.

Here's a summary of the key points from The Telegraph reports on a "UK Supreme Court ruling that "woman" in equality law "always and only means a biological female" :

Biological Sex Definition: The UK Supreme Court explicitly stated that "as a matter of biology, only biological women can become pregnant" and that in equality law, "woman" inherently refers to biological sex.
Rejection of Gender Recognition Certificate (GRC) as Sole Determinant: The judges found it "incoherent and absurd" to legally consider biological men as women solely based on them obtaining a Gender Recognition Certificate (GRC). They emphasized that a GRC doesn't require physiological changes or alter biological reality. ~~This is important for our discussion on Hard Truths - Redux. CLW
Impact on Single-Sex Spaces: The ruling clarifies that service providers can offer single-sex spaces (like toilets and changing rooms) based on biological sex, provided it's a "proportionate means of achieving a legitimate aim" such as women's safety, privacy, and dignity. This means biological men, including trans women, could be excluded.
Sports: The court stated that in "gender-affected activities" like sports, where physical differences exist, organizers can refuse to admit all men, including trans women, to women's competitions.
NHS: The ruling will likely prompt changes in NHS guidance regarding single-sex hospital wards and changing facilities, where current guidance often accommodates individuals based on their gender identity.
Women-Only Shortlists and Quotas: The court ruled that trans women should not be counted towards women-only quotas aimed at increasing female representation in public life, as this undermines the purpose of addressing the disadvantages faced by biological women.
Single-Sex Support Groups: The ruling highlights the inconsistency of forcing women-only support services (e.g., rape crisis centers) to include biological men with GRCs, potentially making it impossible to cater to the specific needs of female survivors of male violence.
Lesbian Social Clubs: The court recognized that lesbians are attracted to biological women and that including biological men in lesbian-only spaces has a "chilling effect" and impacts the protections afforded to same-sex attracted individuals under the Equality Act.
Free Speech: The ruling is seen by some as validating the view that biological sex is a matter of fact and that it is not discriminatory to acknowledge this reality, potentially having implications for free speech debates surrounding gender identity.
Political Reaction: Baroness Harriet Harman, who drafted the Equality Act, welcomed the ruling, stating it aligns with her original intention to allow for the exclusion of trans women from single-sex spaces when necessary. Ministers were reportedly awaiting this ruling to issue guidance on single-sex spaces.

In essence, the Supreme Court's decision prioritizes biological sex as the defining factor of "woman" under the Equality Act, potentially leading to significant policy changes across various sectors and impacting the inclusion of transgender women in spaces and activities traditionally designated for women.

Let's discuss this and other topics further this evening on....