When definitions divide #063

The Supreme Court defined what a woman is. I have thoughts...

I've been stewing on this for the last few weeks. The UK Supreme Court recently ruled that "woman" and "sex" in equality legislation refer to biological sex, not gender identity.

My gut reaction?

Torn.

Torn about how I feel.

Torn about whether I should write about how I feel.

Particularly when many people more qualified than me¹ have already written eloquently on this issue.

So this is simply me, a woman, just turned 60, who’s lived as a gay woman – (I still struggle with the word “lesbian” but that’s another story) for nearly half her years. I guess that means I’ve seen a bit of life and strayed from gender norms. Whatever that means really.

The details

On April 16th, Britain's Supreme Court ruled that under the Equality Act, a "woman" is defined by her “biological” sex at birth. A seemingly obvious conclusion but one which directly impacts trans women and their ability to access women-only spaces and services.

The case was brought by the feminist group For Women Scotland against the Scottish government. The core question? Whether trans women with official Gender Recognition Certificates count as women under equality law. The court said no.

The judges insisted that trans people are still protected from discrimination – just not as the gender they identify with. And while they claimed this is just a narrow legal definition, the reality has real life and potentially dangerous implications for trans people.

At a practical level this ruling affects single sex toilets in public places, hospital wards, sports (the Football Association has come out to say trans women cannot play women’s football in England from 1^st June) and changing rooms.

The UK's equalities watchdog is already drafting new guidelines for single-sex spaces.

But this is about more than gender neutral loos – it’s about human dignity.

Complicated and conflicted

I have mixed feelings on this ruling.

Part of me gets it.

• Biology matters. A women’s menstrual and menopause experiences and unique health risks are real.

• Women’s fear of male aggression and sexual oppression are real

• The discomfort of a biological woman changing next to a trans woman who retains her male genitalia is real.

• The trans woman who’s formative years were spent as a man, bringing their male privileged attitudes and confidence into the female space is real.

• The women who cheered outside the court with "Women's rights are human rights" signs are real. Many fought their entire lives for women-only spaces and sex-based protections.

But I'm also troubled.

• Trans people make up a tiny percentage of the population – less than 1%. Yet this ruling, which Victoria McCloud, the UK's first trans judge, described as occurring during "a scary time" for trans people, seems fuelled by right-wing politics and exaggerated fears based on a handful of isolated cases.

• Trans women are human beings too.

• Can we cis men and women really understand the journey trans men and women have been on to to cause them to transition, let alone judge their decisions?

• Do we really believe that biological men are pretending to be trans women? That they’re doing so to specifically harm biological women?

• How threatening and uncomfortable is it for a trans woman to only have the option of using a male bathroom or changing room?

• This ruling lands in troubled and divided times when minority groups are being marginalised. It gives licence to those with transphobic and homophobic tendencies to “other” and, cause verbal, psychological or physical harm to trans and non-binary people.

How can that be right?

Making it personal

Many of us grew up in a time of unquestioned gender roles. Some are relieved to see these structures crumbling; others feel destabilised. Both reactions make perfect sense. Crucially, proximity to difference has a large bearing on our reactions.

I recall coming out to my old school friends. One of them said:

“Yer, but it’s not normal is it?”

I knew she meant me no harm. In her world and experience a gay woman is maybe not normal.

Afterall, what really is normal? Other than gender based rules, history and constructs.

My friend Clare transitioned in her late 20s – over 30 years ago. She's now Managing Partner and co-founder of a UK law firm. Clare is one of the most compassionate, kind, empathetic humans I know. What spaces are left for her now? Where does she change at the gym? Which bathroom is safe?

Stonewall called this ruling "incredibly worrying" and trans advocates expressed being "deeply fearful" about their futures.

I can't just shrug this off. We are talking about real people with real lives.

Safety for all

Let me be clear, I want biological women to feel safe, protected and experience equality wherever they find themselves.

Clearly this is a complex, polarising subject.

Life is about contradictions. It is OK to fight for women's sex-based rights AND the rights of trans people too. To value women-only spaces AND demand dignified accommodations for everyone.

This isn't wishy-washy centrism. It's mature thinking. It's recognizing that real life happens in the messy middle, not in ideological corners. And as I've learned over time, seeing nuance isn't weakness – it's wisdom.²

The key challenges we need to answer are:

• What practical solutions would respect everyone's dignity?

• How do we safeguard vulnerable women without creating new vulnerable groups?

I don't have any clear answers but maybe it's enough to sit with the questions, and to keep listening and thinking.

You

As ever, I’m interested in you. Where do you land on this? Am I oversimplifying the issue? What am I missing?

Pour yourself a drop of something delicious and drop me a line, I’d love to hear from you.

And remember, you’re never going to be any younger than you are today, what constructs are you living with that you’d like to change?

Until next week my friends,

Ruth x

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1. This article by labour MP Nadine Whitthome is a must read.

2. I wrote about my feelings of being wishy washy in week 048