“Travesty” of needing the Supreme Court to rule on biological fact
Ruling says women are those born biologically female
NEWS UNCUT
IN a decision that is lighting up political debate, the UK Supreme Court has ruled that the law defines ‘women’ as people born biologically female.
Transgender women, even those with legal gender recognition, are not included in this definition, under the Equality Act 2010, when it comes to certain sex-based protections.
The case was brought by women’s rights group For Women Scotland, who challenged a Scottish Government move to include trans women on public boards as part of gender representation quotas. The Scottish ministers argued that, under the 2004 Gender Recognition Act, trans women should be counted as women. The Supreme Court disagreed unanimously.
According to the judgement, redefining “woman” to include biological males with a Gender Recognition Certificate “would fundamentally alter the meaning of the protected characteristic of sex” under the Equality Act. In short: the law can protect people from discrimination on the basis of being biologically female and that protection cannot be diluted by redefining the terms.
The decision has immediate implications for single-sex spaces: women’s hospital wards, rape crisis centres, prisons, sports teams and beyond. Government ministers praised the ruling for restoring legal clarity. Critics, including trans rights groups, warned it will lead to further marginalisation and exclusion.
JK Rowling, who has long campaigned for sex-based rights, called the ruling “a victory for common sense and for women everywhere,” adding: “It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the Supreme Court and, in winning, they’ve protected the rights of women and girls across the UK.”
The ruling does not remove protections for trans people, but it does draw a hard legal line: in UK law, sex and gender are not the same and “woman” now has only one meaning.
Many have called it a victory for common sense. Former Prime Minister Liz Truss said: “Right result, but what a travesty that an unelected Supreme Court is required to tell us what is a basic biological fact. Transgender women are NOT legally women, Supreme Court rules.”
Conservative leader Kemi Badenoch echoed her views. She said: “Saying “trans women are women” was never true in fact and now isn’t true in law, either. A victory for all of the women who faced personal abuse or lost their jobs for stating the obvious. Women are women and men are men: you cannot change your biological sex. The era of Keir Starmer telling us that some women have penises has come to an end. Hallelujah! Well done.”
What Badenoch was referring to was a quote from Starmer from 2022. In fact, he was not the only one to be somewhat confused by what a women was. Below are a few quotes from politicians on the issue over the past few years:
Sir Ed Davey (Liberal Democrats Leader):
In May 2023, during an LBC interview, Sir Ed Davey stated:
“When asked if a woman can have a penis, Sir Ed responded: ‘Well, quite clearly.’”
Stella Creasy (Labour MP):
In May 2022, MP Stella Creasy said:
“Do I think women were born with penises? Yes. But they are now women and I respect that.”
Sir Keir Starmer (then Labour Leader, now PM):
In 2022, Sir Keir Starmer stated:
“99.9% of women… haven’t got a penis.”
Olympic medallist Sharron Davies has long championed the right of women and has called for the removal of trans women in women’s sport.
Of this victory, she said: “Congratulations For Women Scotland and all the other amazing people who have been fighting to protect the reality of human biological sex. No one deserves discrimination but a society will not function fairly or clearly on law based on feelings over facts. Common sense has prevailed.
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“Single sex spaces have today become clarified in law as a biological single sex space, including; sport, changing rooms, rape crisis centres and prisons. It was always madness to suggest a £6 piece of paper changed a biological reality, which effects so many rights and safeguards. Give back our womens sport, free from any and all males.”
First Minister of Scotland John Swinney said the Government accepts the ruling, adding: “The Scottish Government accepts today’s Supreme Court judgement. The ruling gives clarity between two relevant pieces of legislation passed at Westminster. We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions.”
Trans-woman India Willoughby, who was born and raised as Jonathan and who fathered a child, blasted the ruling, saying: “I have always been a woman. I remain a woman. And I will die a woman. Fought hard to be me. Suffered sacrifice, pain and abuse. No corrupt court or whiskery old fart judge who refused to hear any trans advocacy will ever take that away from me. They can’t – because I am who I am. Woman.
“‘Biological woman’ has no definitive definition, because all women are different – from chromosomes, to anatomy, to body chemistry, to internal organs. Apart from not being able to have a baby and a period, I am virtually the same as any cis woman. Hormones physically and tangibly change your sex. The UKSC judgement makes no sense and will only serve as incitement for increased hate and prejudice of trans people
“The fact trans people and ally groups were banned from addressing the court, but five trans hate groups were allowed to advocate to the judge, is totally unjust. It stinks of an Establishment stitch-up, given FWS had lost both previous hearings and only won when trans advocacy was locked out.”
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It’s government. Legal opinion beats evidence. Like covid (not many dead people). Like climate change (it’s not the sun). Like immigration (it’s only illegal). Like gender dysphoria (I’m a white male second class citizen, who doesn’t pay taxes again & again & again). Like the monarch (he’s a servant). Like unproductive politicians (they’re honest), ad nauseum.