The case has been a David vs. Goliath story. Three Scottish women up against the Scottish government, which had made policy stating that a gender recognition certificate could go anywhere that those deemed biologically female at birth could go. What got it to the Supreme Court was a 2018 law mandating gender balance on public sector boards. Women noted that gender included the trans community and that created a 'shackled man' competition.
In response to the legal challenge,Scottish Parliament changed the law and made it even easier for someone to change their legal sex. Then the UK government stepped in and blocked it and the Supreme Court was asked to mediate.
Famed author JK Rowling was lauded as a staunch feminist, but that put her up against the trans community when she began to argue that womens' rights were being eroded by laws seeking to help the trans community. Credit to the photographer, maybe it was her husband. I don't know, she didn't credit anyone on Twitter. Please don't sue me for fair use.
The Supreme Court ruled that what the Scottish government means by "sex" - "certificated" sex as defined by the 2004 Gender Recognition Act - was in conflict with the 2010 Equality Act, which used biology. Some women claimed that the Scottish government's position invalidated single-sex spaces while advocates for the trans community argued that they might have no spaces at all if it was not valid.
The Court stated the 2004 definition also weakened protections for protected groups, including biological women and groups that laws had been created to protect, like lesbians.
Kemi Badenoch, Leader of the Conservative Party, said, "It's important to be reminded the court strongly and clearly re-affirmed the Equality Act protects all trans people against discrimination, based on gender reassignment, and will continue to do so" and Judge Lord Hodge clarified that transgender people remain protected against discrimination.
Comments