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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Trans women are still women

1000 replies

Lostcat · 19/04/2025 06:29

AIBU to share what the Supreme Court judgement on the meaning of women in the Equalities Act does and does not do/say/mean.

Although there are now moves to take the ruling and embed discrimination against trans women into uk law, this was not the intention of the Supreme Court judgement. In fact, the judges made it very explicit that politicians, media and activists shouldn’t seek to weaponise the judgement for political gain. Unfortunately that is exactly what people (including a whole host of mumsnetters) are doing.

So what does the judgement do?

Myth: the UK Supreme Court says trans women are not women

Myth: the ruling means trans women can’t claim legal protection as women

Myth: the ruling says you can ban trans women from women’s loos or other women only spaces

What the ruling actually says:
“It is not the role of the court to adjudicate on the arguments in the public domain on the meaning of gender or sex, nor is it to define the meaning of the word ‘woman’ other than when it is used in the provisions of the [Equality Act] 2010.”

The ruling says that in sex-based provisions under the Equalities Act 2010, sex means “biological sex” and refers to one of two biological sexes.

The ruling reiterates that trans women are protected from sex discrimination as women - because they experience the same sexism as women do.

The ruling affirms also that trans people are protected under the law from discrimination on the basis of gender reassignment.

As before (and as the law has stated since 2004) trans women, with or without a Gender Recognition Certificate, should be treated as women and given access to the relevant women’s services - as before, an exception may be made under limited circumstances where the need to exclude trans women may be proportionate (the law gives women’s refuges as an example of a space where this may be necessary, sometimes).

The ruling merely states that in legal references to “sex” the words “man” and “woman” in the sex discrimination clauses of the equalities act refer to “biological” women and men - it is merely about the use of language in legal cases of discrimination.

The very real impact of this on trans and non-binary people’s lives comes from misinterpretations of what is meant or intended by the ruling.
The trans community is fearful because of the inevitable spin manufactured by biased news media and the powerful gender critical lobby (including wealthy and high profile people such as JK Rowling who claim they are “silenced” by trans advocates).

OP posts:
Thread gallery
13
spannasaurus · 19/04/2025 11:54

Watfordwoman · 19/04/2025 11:51

I’m using the universal definition of male as someone who has a Y chromosome and produces small gametes - sperm

if Prof Winston says anything to the contrary to this then I have not seen it - all other discussions from him point to the production of small gametes and a Y chromosome.

It's the SRY gene rather than the Y chromosome that triggers male development. In 99.9% of cases the SRY gene is located on the Y chromosome hence the usual definition of XX or XY

FlakyCritic · 19/04/2025 11:55

EasternStandard · 19/04/2025 11:16

The ECHR has already put a statement out on a likely move to third spaces.

Women will have single sex re established. Firstly where the law says they should have them.

Yep, third spaces. And we won't give in until this happens. Whatever it takes, as long as it takes. MRA/TRAs really didn't understand our commitment to womens rights or our longevity. I'll fight til I'm 80 years old if it comes to that. I will never, ever, ever, ever stop fighting for womens sex based rights and spaces.

EasternStandard · 19/04/2025 11:56

Lostcat · 19/04/2025 11:52

It’s actually fairly simple to understand the key principles of it it you open your mind an iota

But what you’re posting isn’t relevant.

We have a Supreme Court for this.

borntobequiet · 19/04/2025 11:57

Lostcat · 19/04/2025 11:52

It’s actually fairly simple to understand the key principles of it it you open your mind an iota

Said every peddler of nonsense since the dawn of time.

DeffoNeedANameChange · 19/04/2025 11:59

The intricacies of rare DSDs are of great importance in sports, elite sports in particular.

They are of zero importance when discussing the rights of bog standard common garden males to access women's spaces and services.

Fwiw the ruling this week now enables sporting bodies to have these specific conversations, and to lay out their own conditions as they see appropriate for their sports. If the ruling had declared that legal sex is all that counts in the eyes of the law, then any discussion of testosterone levels, or male puberty or androgen sensitivity would have been redundant - a piece of paper would have legally entitled anyone to anything.

TheAutumnCrow · 19/04/2025 12:00

Oh well, OP. Never mind, eh? You win some, you lose some.

Lostcat · 19/04/2025 12:00

DeffoNeedANameChange · 19/04/2025 11:59

The intricacies of rare DSDs are of great importance in sports, elite sports in particular.

They are of zero importance when discussing the rights of bog standard common garden males to access women's spaces and services.

Fwiw the ruling this week now enables sporting bodies to have these specific conversations, and to lay out their own conditions as they see appropriate for their sports. If the ruling had declared that legal sex is all that counts in the eyes of the law, then any discussion of testosterone levels, or male puberty or androgen sensitivity would have been redundant - a piece of paper would have legally entitled anyone to anything.

Fwiw the ruling this week now enables sporting bodies to have these specific conversations, and to lay out their own conditions as they see appropriate for their sports

this was always the case and they have always done so

OP posts:
DrudgeJedd · 19/04/2025 12:00

Naunet · 19/04/2025 11:39

Provide your definition of woman gender and man gender and stop being such an utter coward.

Is it this @Naunet? I'm old enough to remember when Mermaids etc used to peddle this shite to police forces 😁

Trans women are still women
TheAutumnCrow · 19/04/2025 12:02

DrudgeJedd · 19/04/2025 12:00

Is it this @Naunet? I'm old enough to remember when Mermaids etc used to peddle this shite to police forces 😁

And PC Gul told Harry Miller he'd 'had the training'. Glorious days.

BundleBoogie · 19/04/2025 12:03

Lostcat · 19/04/2025 06:29

AIBU to share what the Supreme Court judgement on the meaning of women in the Equalities Act does and does not do/say/mean.

Although there are now moves to take the ruling and embed discrimination against trans women into uk law, this was not the intention of the Supreme Court judgement. In fact, the judges made it very explicit that politicians, media and activists shouldn’t seek to weaponise the judgement for political gain. Unfortunately that is exactly what people (including a whole host of mumsnetters) are doing.

So what does the judgement do?

Myth: the UK Supreme Court says trans women are not women

Myth: the ruling means trans women can’t claim legal protection as women

Myth: the ruling says you can ban trans women from women’s loos or other women only spaces

What the ruling actually says:
“It is not the role of the court to adjudicate on the arguments in the public domain on the meaning of gender or sex, nor is it to define the meaning of the word ‘woman’ other than when it is used in the provisions of the [Equality Act] 2010.”

The ruling says that in sex-based provisions under the Equalities Act 2010, sex means “biological sex” and refers to one of two biological sexes.

The ruling reiterates that trans women are protected from sex discrimination as women - because they experience the same sexism as women do.

The ruling affirms also that trans people are protected under the law from discrimination on the basis of gender reassignment.

As before (and as the law has stated since 2004) trans women, with or without a Gender Recognition Certificate, should be treated as women and given access to the relevant women’s services - as before, an exception may be made under limited circumstances where the need to exclude trans women may be proportionate (the law gives women’s refuges as an example of a space where this may be necessary, sometimes).

The ruling merely states that in legal references to “sex” the words “man” and “woman” in the sex discrimination clauses of the equalities act refer to “biological” women and men - it is merely about the use of language in legal cases of discrimination.

The very real impact of this on trans and non-binary people’s lives comes from misinterpretations of what is meant or intended by the ruling.
The trans community is fearful because of the inevitable spin manufactured by biased news media and the powerful gender critical lobby (including wealthy and high profile people such as JK Rowling who claim they are “silenced” by trans advocates).

That’s a lot of words to say “I don’t understand the law or the Supreme Court ruling” @Lostcat 🤣. I’m sure you’ve been thoroughly corrected by now.

DeffoNeedANameChange · 19/04/2025 12:03

Lostcat · 19/04/2025 12:00

Fwiw the ruling this week now enables sporting bodies to have these specific conversations, and to lay out their own conditions as they see appropriate for their sports

this was always the case and they have always done so

Yes, but there was ambiguity, and it could have been argued that sporting bodies were breaking the law by excluding males with a GRC. That was the whole point of this case - to clear up that ambiguity and to make it clear that trans women are not the same as women and there are instances where it is right and legal to treat them differently.

LadyMary50 · 19/04/2025 12:04

Kiwi83 · 19/04/2025 07:28

Trans men are female so welcome in women's spaces 🤷‍♀️

I agree,I also find it very suspicious that trans supporters are only now speaking about trans men when they haven’t given a shit about them until now when they can use them for their own agenda.It’s always been about the men.Trans men are not and never have been a threat to women.

Kuind · 19/04/2025 12:04

I was quite “live and let live” up until the point they started staying “trans” women would be the ones conducting police body searches and providing intimate care at hospitals even for women who specifically stated they wanted a female nurse/police officer. TOO FAR.

It doesn’t matter if trans women are or aren’t predatory. Women do not have to explain themselves. You’re not going to bully females into who has access to their bodies. The very idea boils my blood.

Kucinghitam · 19/04/2025 12:05

I wonder how many Righteous people genuinely live by the non-sex-specific-bollocks they espouse.

  • Are they unsure which Gallus gallus cloaca they hope to get something edible out of?
  • Do they feel puzzled which white fluid from Bos taurus to put in their tea?
  • When planting a farm of papaya or hops or kiwifruit, do they shrug in confusion if no fruit appear?
  • If at puberty they start bleeding from their genitals, do they seek medical attention, or conversely if at puberty they don't start bleeding from their genitals?
Cotswoldmum70 · 19/04/2025 12:05

You are trying to muddy the waters. Doesn’t wash I’m afraid.

FearistheMindKillerr · 19/04/2025 12:06

Every cell in their body is XY. They will never be women.

DragonRunor · 19/04/2025 12:08

Yep, agree. I think Dr Beth Upton declaring in court that he would treat women who had specifically asked for female-only care was quite revealing for those who are otherwise not giving this issue much attention

Kitkatcatflap · 19/04/2025 12:08

Tiddlywinkly · 19/04/2025 07:47

This

I passed a large trans rights protest yesterday. One sign said, ''I'll piss where I want''. Yep, very entitled.

So aggressively male

LadyMary50 · 19/04/2025 12:10

DodoTired · 19/04/2025 11:24

Transwomen are biologically transwomen.
thats it.

I had a mental image of you writing that with a crayon.

PithyCritic · 19/04/2025 12:11

Watfordwoman · 19/04/2025 11:51

I’m using the universal definition of male as someone who has a Y chromosome and produces small gametes - sperm

if Prof Winston says anything to the contrary to this then I have not seen it - all other discussions from him point to the production of small gametes and a Y chromosome.

Prof Winston also stated categorically on Question Time that you can’t change your sex. But, hey, what does he know? He’s only one of the foremost biologists of his generation.

Kuind · 19/04/2025 12:11

My observation has been that a lot of the people who have no problem with TWAW:

  • have not considered the actual real world implications on female safety
  • are extremely privileged and have not been abused or intellectually willing need of female only spaces
  • not intellectually willing/capable to consider the pitfalls of the ideology
  • are narcissistic virtue signallers with too much time on their hands
JandamiHash · 19/04/2025 12:12

Has anyone managed to define what a woman is yet if it’s not adult human female? I keep asking and nobody is giving an answer

FlakyCritic · 19/04/2025 12:12

FeatheredBreast · 19/04/2025 10:58

I'm an employment solicitor. I've read and understood the full judgment.

A few years ago I came on some of the feminist threads to bemoan how anti trans mumsnet was. I was given short thrift.

The more I thought about it, and the more I read mumsnet, I realised my views were wrong and that I was prioritising the rights of Transexual men over women. But more than that, I don't really understand what gender is, separate from sex (if I discount stereotypes).

I know people feel gender dysphoria, but I genuinely can't work out how this operates in practice. The things that make a feel like a woman are being groped, being catcalled, teachers assuming I'm no good at science and math, infertility, endometriosis, pregnancy, breastfeeding, menopause. I don't dress or wear my hair like a stereotypical woman. The things that make me think I'm a woman are directly related to my biology and people's responses to that.

Onto the matter in hand. I read the full judgement and it's very clear. For the purpose of the Equality Act 2010 'woman' and 'she/her' are references to biological women.

Many transexual people (that's the wording in the Act) may refer to themselves as the opposite sex, but my question is what does that actually mean? What it now clearly doesn't mean is that they are women for the purpose of our discrimination legislation.

It's true that in many environments there is no requirement to exclude transexual people. I do think some press is over stating this a bit. For example, in most workplaces where transexuals used the bathroom of their choice, this hasn't suddenly introduced a legal requirement to exclude them. It just means that if the company wanted to enforce single sex (and many won't), it's easier to do so now.

There are some areas where there's a stronger requirement for single sex spaces, such as hospitals and sexual abuse counselling. My view was you could always exclude transexuals under the existing legislation, but this is not how many others, including senior HR at the NHS, interpreted it. It's clear now that in spaces which should be single sex, they now will be.

So in summary:

FACT: The Supreme Court said that Transexual women are not women for the purpose of our discrimination legislation.

FACT: Transexual women cannot claim legal protection under the Equality Act as women. They can claim it as Transexual people and also if they are mistaken for a woman and discriminated against because of this mistake (the mistake does not make them a woman).

FACT: Transexual women can be excluded from female toilets as long as this is a proportionate means of achieving a legitimate aim. Protecting privacy and decency is a legitimate aim. Whether it is proportionate likely depends on the configuration of the toilets and access to alternative facilities. Most existing toilets are unlikely to be configured to allow proper privacy. Many organisations may choose to allow mixed sex toilets, but they don't have to.

I hope @Lostcat has the integrity to read this and apologise. As we stated to them over and over and over x 500, their interpretation is wrong. Which is precisely why that animal torturer Jolyon or whatever his name is, is so worried, as well as all his fellow Good Law Project pro-trans pals. Transwomen are men. They are men, they are males. Always were, always will be. And the law has now affirmed this. Hence trans lawyers being in absolute despair. They know what this means, even if the OP doesn't.

WiseOliveMentor · 19/04/2025 12:13

2021x · 19/04/2025 07:02

Sex is biological reality, not a subjective feeling.

Gender is the expression of biological sex in society. Being a TGWomen is an expression of male sex in society.

Women have the right to decide who they get undressed in front of and who they play sports against.

Imagine how far the trans community would be, if they had spent the last 10 years in building safe spaces for themselves, pushing for better medications and surgery and trust with the community. Rather than openly bulling and harassing women for saying no to the assumption that they would accept the entitlement of entering single sex spaces without permission or invitiation.

Edited

Aibu to say I don't want to find their surgery? Having your body modified isn't going to change who you've been born as, it's just something I don't agree with

SameyMcNameChange · 19/04/2025 12:13

Lostcat · 19/04/2025 11:34

Yes but if you were organising public policy by distinguishing between two types of animals tigers and not tigers, it would be a serious problem to hang your definition on a yellow coat with stripes, because it would create an arbitrary injustice for albino tigers.

Indeed. But it would never mean that any sort of elephant would be classed as a tiger.

There are an extremely small number of people who might not fit a straightforward XX/XY definition of female/male.

But there is no ambiguity that for XY people without such ambiguities, they are male.

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