Hazel McHaffie

‘Sex’ and ‘woman’?

Well, the highest court in the land – the final court of appeal – has now made its ruling.

In brief: the UK Supreme Court was tasked with deciding on exactly how a ‘woman’ and ‘sex’ should be defined. Even as I write I’m thinking … is this for real?! But I’m sure you’re fully aware of the huge controversy raging about the rights and legal protections of all those who claim to be female.

Well, yesterday these august people ruled that sex is binary and decided by biology: a woman is a person who was born biologically female. Changing one’s gender with a Gender Recognition Certificate does not give the same legal protections as those by right for biological women. Having said that, it’s important to note that the Equality Act 2010 still provides transgender people with protections against discrimination.

The court emphasised that this should not be seen as a triumph of one side over another, but just from listening to the sad deflated observations of those in the transgender community following the ruling, and the exuberant celebrations of women’s groups, it’s hard to believe that it will not be.

I need time to work this through, and I confess that I really don’t know what I think about some aspects of it, so much depends on one’s perspective. For now I simply put down a marker.

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