The ruling limiting the legal definition of woman to biological sex represents a victory for those who reject the inclusion of trans women as women.
In a landmark ruling, the Supreme Court of the United Kingdom, has ruled this Wednesday by unanimity that the legal term of “Woman", as established in the Law of Equality British, refers only to people born with female biological sexThe judges' decision has meant a setback for trans women, who may continue to be excluded from certain spaces and set aside in gender equality laws.
«The concept of sex is binary, a person is either a woman or a man.", the court ruled. Although the ruling adds that current laws will continue to offer protection against discrimination to trans people.
The decision comes after a long legal battle between the Scottish Government and the women's activist group For Women Scotland (FWS), an organization that is supported by several famous individuals, including the author of harry potter, JK Rowling.
We wonder what the pioneers of British suffragettes would have thought upon seeing their granddaughters' euphoric displays of this victory over patriarchal ideology. This initiative stems from civil society, the same society that promoted women's right to vote in the United Kingdom during the transition from the 19th to the 20th century. Now it has reached the courts, whose verdict condemns an advanced society to a regression in social freedoms, compared to other countries, such as Spain, where, fortunately, the rights of trans women are guaranteed.
A severe setback for trans women
"The unanimous ruling of this court is that the terms 'woman' and 'sex' in the Equality Act 2010 refer to a biological female and a biological sex.", the judge has assured Patrick Hodge, who was in charge of reading the sentence. The judge emphasized, however, that the same rule includes protections to avoid cases of discrimination and harassment against trans people and has clarified that the decision does not imply “a triumph of one or more groups at the expense of another".
The ruling opens the door for trans women, including those with a Gender Recognition Certificate (GRC) are excluded from spaces reserved for women, including shelters, hospitals, prisons, and changing rooms at sports facilities. This has been welcomed by representatives of For Women Scotland, the women's organization that started the legal battle in Scotland Following the approval in 2018 of a controversial law in the Parliament regional law that included trans women in gender parity quotas for the boards of directors of public companies.
The representatives of For Women Scotland They have now assured that they have a “concrete base"in legal terms that will allow them to continue fighting for their goals."It's not about feeling hatred toward another community, but about making it clear that differences exist, and biology is one of them. That's why we need protections based on that.", has said susan smith, co-director of the organization, leaving the court in London.
"Disappointing"
For their part, the entities defending the rights of women trans people They have expressed their concern about the ruling, although they have asked for time and calm to analyze its consequences.The outcome of today's ruling is clearly disappointing. It is a long and complex decision, and we will take time to analyze all its implications.", said the director of Amnesty International in the United Kingdom, Sacha Deshmukh.
The Organization Scottish Trans, which defends the rights of trans people in Scotland, has asked for calm while studying the sentence.We've asked people not to panic. Many comments will try to exaggerate the impact this decision will have on the lives of trans people. We'll say more when we've analyzed it. Take care of yourselves and each other for now.", they have written.
