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Supreme Court rules the term sex refers to 'biological women'

1000 replies

everythingthelighttouches · 16/04/2025 10:10

Finally.

There is no “triumph” for me.

i am delighted though.
I feel relief that this reasonable request for clarity has been heard.

The judge also said “the law still gives trans people protection against discrimination.”

As it should do. No one ever argued otherwise.

Supreme Court rules the term sex refers to 'biological women'
OP posts:
Thread gallery
30
MuchasSmoochas · 16/04/2025 17:33

RBW “female” “barrister” on R4 claiming it would still be indiscrimination for trans women to use male toilets. Did he bloody read the judgement.

UrinalCake · 16/04/2025 17:34

GenderlessVoid · 16/04/2025 17:21

As a brown, disabled, bi woman, I'm delighted by the ruling. In my experience, trans advocates are the ones who mocked one of my disabilities (cPTSD, which can easily be triggered by trans women in women's spaces) and completely discounted the effects on me and many other women who had been sexually assaulted.

Edited

They never mean the sort of intersectionality that requires them to listen to inconvenient opinion having brown, disabled bisexual women. You're supposed to keep quiet and be used as a rhetorical device.

LadyBracknellsHandbagg · 16/04/2025 17:35

Arraminta · 16/04/2025 17:10

You know, I almost....almost feel sorry for you. Except you can't even be gracious in your (massive) defeat.

In this scenario @Lostcat is Dr Upton and @ArabellaScott is Naomi Cunningham so it’s not really fair on that basis, but highly entertaining 🍿

UrsulasHerbBag · 16/04/2025 17:37

Like RMW gives a flying cat turd about the safety of Butch Lesbians or any kind of lesbian. Or indeed WOMAN.

DuesToTheDirt · 16/04/2025 17:39

Late to these threads as I've been at work, but what a relief!

BUT, is there any possibility of a challenge to the ruling? Any higher court, for example?

Raininginparadise2 · 16/04/2025 17:39

Great stuff. Common sense.

Springtimefordaffs · 16/04/2025 17:40

mumsthewordi · 16/04/2025 16:41

The ruling reinforces a framework that often benefits cisgender, middle-class, white women - the group most historically to be heard in feminist spaces and institutions. Meanwhile, it has a risk of side-lining the lived experiences of those already navigating layers of exclusion based on race, class and gender identity

intersectionality issues always get lost in these of legal binaries

Just because we can't cure every problem today the 16 April 2025, would you expect us to ignore those that can be resolved until that magic day?
Get real please

LadyBracknellsHandbagg · 16/04/2025 17:42

placemats · 16/04/2025 17:11

Why can they not?

Because it’s ‘degrading, cruel and inhumane’ apparently 🥱

WhereAreWeNow · 16/04/2025 17:44

User32459 · 16/04/2025 17:17

Great result for MN as well. We've fought years for this.

Agree with this. The role of mumsnet in giving women a space to talk about all this has been a HUGE part of the story of the pushback against the TRAs. It certainly meant a lot to me when I first peaked and felt scared to say what I thought IRL.

AInightingale · 16/04/2025 17:45

DrunkBogan · 16/04/2025 16:02

Does this mean we are now allowed to correctly gender men pretending to be women on mumsnet and use the correct pronouns for them?

I don't think so. There is quite a way to go. I think we will still have our speech compelled, we will still be forced to use preferred pronouns, and if some male offender tells the police he is a woman, even if arrested for a sex crime, they will have to pander to his delusion/manipulation. He just can't be remanded to a female jail. It's depressing, isn't it?

UtopiaPlanitia · 16/04/2025 17:47

DuesToTheDirt · 16/04/2025 17:39

Late to these threads as I've been at work, but what a relief!

BUT, is there any possibility of a challenge to the ruling? Any higher court, for example?

Robin Moira White (trans barrister) mentioned that the European Court of Human Rights is the next stage if someone wants to challenge the UK Supreme Court’s ruling.

White claims today’s Supreme Court ruling undermines the original ECtHR ruling that obliged the UK government to create the Gender Recognition Act 2004 and that the UK is now in potential legal difficulties.

Bear in mind that White does not have a good record of making correct predictions in this area of law.

MrsKeats · 16/04/2025 17:49

I am so happy about this.
So will men who have cheated at sports be giving back their medals etc?

placemats · 16/04/2025 17:50

DuesToTheDirt · 16/04/2025 17:39

Late to these threads as I've been at work, but what a relief!

BUT, is there any possibility of a challenge to the ruling? Any higher court, for example?

No. The law is clarified within the UK. Could take it to the ECHR, but I doubt that will happen.

This won't encourage more attacks on transgender people, instead it will help all to understand the delineation of precisely where we stand.

Best for all.

placemats · 16/04/2025 17:53

Remember that most good people understand agency and consent. This is core to the Equality Act.

Waitwhat23 · 16/04/2025 17:53

Jellycatspyjamas · 16/04/2025 17:26

No. It means that there are specific protections under the EA reserved for women assigned female at birth, just as there are specific protections under the EA for trans women on the grounds of gender reassignment.

Yes and those protections include the provision of services to women, women’s groups, jobs with a genuine occupational requirement that they be filled by a woman. Protections for trans people don’t include encroaching on women’s spaces, because they aren’t women. Literally the premise this case was brought.

Just for anyone who hasn't seen the sections of the EQA 2010 referred to here -

Single sex services

https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/20/7

Occupational requirements

https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/26/1?view=plain

Sports

https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/14/5

Equality Act 2010 - Explanatory Notes

https://www.legislation.gov.uk/ukpga/2010/15/notes/division/3/16/20/7

lunaemma · 16/04/2025 17:53

This might be a stupid question but how will it affect things like toilets in day to day life? My friend is ftm and uses the men’s toilets because of his appearance (I didn’t know he was born female until he told me, I’m using he because that’s how he refers to himself and otherwise it gets confusing)
so now will he have to use the female toilets? Because everyone is going to be saying why is he in here? Or because he “passes” he just carries on using the men’s?

to add I don’t agree with men in womens spaces but this is the other way round and obviously no threat

Ereshkigalangcleg · 16/04/2025 17:57

MuchasSmoochas · 16/04/2025 17:33

RBW “female” “barrister” on R4 claiming it would still be indiscrimination for trans women to use male toilets. Did he bloody read the judgement.

Are they actually calling Robin female? 😂

Arraminta · 16/04/2025 17:58

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Ereshkigalangcleg · 16/04/2025 17:59

ArabellaScott · 16/04/2025 17:22

It absolutely does mean that transwomen are men, and must stay out of any spaces and services reserved for women. It could not be any clearer.

👏 yes.

andtheworldrollson · 16/04/2025 18:00

It may mean that there should be gender neutral provisons made for transgender people in the same way as disabled facilities are made available / it’s up to the transgender community to make recommendations I would say , not women

it may mean that they will
be asked to use the facilities associated with their sex and people need to get less uptight about someone’s appearance -that’s very true or transwomen in men’s spaces

I do think the loos are a minor issue - open plan changing areas and showers would be the more interesting question as the sex is usually much more obvious - what does this passing transmen do in that situation ?

the focus on the loo - when in many cases sex separate facilities are not provided anyway - is always interesting to me

EasternStandard · 16/04/2025 18:03

ArabellaScott · 16/04/2025 16:56

  1. Accordingly, a certificated sex interpretation produces incoherence in the application of these provisions. Moreover, it is not necessary to achieve the purposes of either the GRA 2004 or the EA 2010. On any view, the plain intention of these provisions is to allow for the provision of separate or single-sex services for women which exclude all (biological) men (or vice-versa). Applying a biological meaning of sex achieves that purpose.

https://supremecourt.uk/cases/judgments/uksc-2024-0042

I am happy to quote from this judgement all day long.

It's very clear, and thorough.

(bolding is mine)

Edited

Thanks for this. Do we know where is designated single sex?

I’m really happy about this but not sure of implications.

Ereshkigalangcleg · 16/04/2025 18:03

Lostcat · 16/04/2025 17:07

It allows for the possibility that in some cases particular rights , entitlements and services etc may be reserved for women assigned female at birth, based on a specific protected characteristic of “sex” (as understood under the EA 2010), as long as that would not also unreasonably discriminate against/ violate protections for trans women on the grounds of gender reassignment, who are also protected in the act, of course.

It does not mean that trans women are not women , or not welcome in female spaces.

It does and it does. And it’s simply clarifying what has always been the case. A much welcomed clarification.

jeaux90 · 16/04/2025 18:03

I’m thinking about all those women, the most vulnerable of them who are in prisons or refuges who will now be protected. Of girls who were having to compete in sports against boys going through puberty. Of Lesbians who were back to having to sneak about to meet in groups to exclude the heterosexual males calling themselves lesbians and intruding on gay women’s spaces. This is the judgement we needed to reverse that carnage.

TheKeatingFive · 16/04/2025 18:04

jeaux90 · 16/04/2025 18:03

I’m thinking about all those women, the most vulnerable of them who are in prisons or refuges who will now be protected. Of girls who were having to compete in sports against boys going through puberty. Of Lesbians who were back to having to sneak about to meet in groups to exclude the heterosexual males calling themselves lesbians and intruding on gay women’s spaces. This is the judgement we needed to reverse that carnage.

Exactly

Nameychangington · 16/04/2025 18:07

lunaemma · 16/04/2025 17:53

This might be a stupid question but how will it affect things like toilets in day to day life? My friend is ftm and uses the men’s toilets because of his appearance (I didn’t know he was born female until he told me, I’m using he because that’s how he refers to himself and otherwise it gets confusing)
so now will he have to use the female toilets? Because everyone is going to be saying why is he in here? Or because he “passes” he just carries on using the men’s?

to add I don’t agree with men in womens spaces but this is the other way round and obviously no threat

The judgement makes it clear that your friend has no right to be in a men's single sex provision. That's it. There are no toilet police, if she 'passes' maybe she won't be clocked (though passing transpeople are approximately as common as unicorns).

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