Great Britain: British judgment: Equality does not apply to trans women

When it comes to equality between men and women, the biological gender counts in Great Britain, not the social gender. The country’s supreme court decided that.

The judgment is considered pioneering and far -reaching, for example when it comes to the question of whether trans women are counted in women’s quotas as women, and whether they can use places such as women’s dressing or can be excluded by lesbian groups.

Support from Potter author JK Rowling

The women’s rights organization for Women Scotland (FWS) complained. It did not agree with the way the Scottish regional government interpreted the gender term.

Among other things, she was supported by the Harry Potter author JK Rowling, who has long made the topic of women’s rights versus rights of trans people-and was partly sharply criticized for her controversial statements. Among other things, former actors of her heroes such as Daniel Radcliffe (Harry Potter) and Emma Watson (Hermine Granger) had distanced themselves from her.

After the verdict, Rowling was pleased. With the victory in court, the plaintiffs had “protected women and girls in the whole United Kingdom,” the author wrote on X and added: “I am so proud to know you.”

Dispute over women’s quota on board members

The government in Edinburgh had taken the view that the recognition of trans women is considered women for all areas of life and referred to the Equalities Act (2010 equalities act). Accordingly, trans women should also be counted in fulfilling women’s quotas on board members.

However, as the judges of the Supreme Courts in London unanimously stated, the British Equal Opportunities Act primarily aims at the protection of biological women. “The definition of gender in the 2010 Equal Opportunities Act makes it clear that the concept of gender is binary, one person is either a woman or a man,” it said in the judgment.

The judges judged that the law be based on the social gender. Then, for example, transmitted people who give birth to children could be excluded from maternity protection regulations. In addition, heterosexual men who changed their gender too female would automatically become lesbian. In addition, the Scottish parliament exceeds its skills with this definition, the judges said.

The decision is considered groundbreaking and extensive

The plaintiffs had failed several times before courts in Scotland, but in the last instance they were now right. After the verdict was pronounced, dozens of supporters celebrated their victory in and in front of the courthouse in Westminster.

Scotland’s Prime Minister John Swinney wrote on X that the judgment was accepted and will now deal with the effects.

The British government of Prime Minister Keir Strander announced that it had always supported the protection of rooms separated according to organic gender. “This decision brings clarity and security for women and providers of services such as clinics, women’s shelters and sports clubs,” said a government spokesman.

The presiding judge Patrick Hodge emphasized that the judgment was not a comprehensive victory for one or the other side and does not mean that trans people would not be fully protected against misogynistic discrimination.

Activists were still concerned. “It will be incredibly worrying for the trans community and everyone who supports them,” said the managing director of the LGBTQ+organization Stonewall, Simon Blake. LGBTQ stands for lesbians, gays, bisexuals, trans- and queer people.

The managing director of the human rights organization Amnesty International in Great Britain, Sacha Desmukh, warned that the protection of trans people from discrimination and harassment must be taken as seriously as for other minorities.