My WhatsApp feed is full of champagne bottle emojis. We won!
In a clear and unanimous decision, the Supreme Court has ruled that sex in the Equality Act 2010 means biological sex. A Gender Recognition Certificate does not change that. Certification does not equate to biological sex.
To put it bluntly, trans women – men who identify as women, however they have modified themselves – are not biological women and can therefore not enter spaces reserved for us.
This common-sense view has for too long been deemed bigoted and has meant women losing the right to single-sex spaces (in sports, in prisons, in refuges) which have been increasingly contested by trans activists.
Sex means biology – did we need a court to tell us this? That it has taken a sober Supreme Court judgment to do so is kind of incredible. The bringing of this case was due to the unpaid work and persistence of the campaign group For Women Scotland, who must take a bow. Much credit as well must be given to the LGB Alliance, Sex Matters and The Lesbian Project.
As women are flooding my inbox with emotional messages – “Even more than we could have hoped for”; “I am crying at my desk” – I can hear in the background male radio hosts, convinced they were on the right side of history, sound sheepish. The slogan “trans women are women” was the one they unthinkingly imbibed because they clearly felt it was in their gift to give away women’s rights.
As did supposedly progressive organisations like Amnesty, who intervened in this case by attempting to tie the rights of trans people to the access to abortion. Their contorted statement showed once and for all that they do not consider women’s rights to be human rights.
The arguments around the 5,000 people who do have a Gender Recognition Certificate (GRC) have always been muddled anyway. This certification is private information and was never meant to act as a passport into any women-only space.
During the case the submissions by lesbian organisations in particular were very persuasive. The law has become so unworkable that a lesbian couple could now consist of two biological males both of whom have obtained GRCs.
In reality, it has meant that freedom of association for lesbians has been under threat for some time and the lesbian scene was dying, with only a tiny number of lesbian-focused venues operating. Those women who never minded trans women in their spaces can carry on as they like, but those who do mind very much indeed now can organise women-only nights and events.
How on earth did it take a Supreme Court judgment to give us back this basic right?
Well, it has, and the judges have been absolutely clear that biological sex is real and it is binary. This is not an attack on trans people but on largely heterosexual men barging into women’s spaces. No legal challenges ever mention trans men (biological women who identify as men) because the power dynamic is so obviously different.
While women lawyers and activists are ecstatic at this result, having been fighting for common sense for years, fully captured organisations such as the BBC are flummoxed, telling us “there are no winners”. Perhaps they should go along to the various parties that have been arranged tonight and try that line.
Scotland and Scots women have been at the forefront in the struggle to maintain women’s rights and were up against the intransigent Sturgeon, who is now flogging meet-and-greets for £75.
That’s enough perhaps for the small sherry that I venture JK Rowling may be enjoying later on.
Once more the courts have spelled out what our politicians have been too scared to say.
Starmer, take note. We do know what a woman is and it is not a guy waving a certificate about. Some of us have always known this. Biology wins, science wins, freedom of association wins.
This is a brilliant victory and a lesson to all. If you think you can talk over women, take away their rights and protections in the name of fetishistic, gender-dysphoric men, think again.
Real women won’t stand for it. Nor will the law.
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