THE ruling passed by the Supreme Court on the definition of woman has ended "20 years of understanding" that transgender people with a gender recognition certificate (GRC) are able to be "recognised legally as our true genders", a trans activist has said.
Scottish Greens activist and National columnist Ellie Gomersall, a 25-year-old trans woman who lives in Glasgow, said she was "gutted" after the Supreme Court ruled the terms “woman” and “sex” in the Equality Act refer to a biological woman and biological sex.
Campaign group For Women Scotland (FWS) brought a series of challenges – including to the UK’s highest court – over the definition of “woman” in Scottish legislation mandating 50% female representation on public boards.
The dispute centres on whether someone with a GRC recognising their gender as female should be treated as a woman under the UK 2010 Equality Act.
The 2004 Gender Recognition Act used the terms sex and gender interchangeably, and said a GRC meant someone "becomes for all purposes the acquired gender". However, that was subject to "other enactment or any subordinate legislation".
Lawyers for the Scottish Government told the Supreme Court at a hearing in November that a person with a GRC is “recognised in law” as having changed sex.
In a ruling on Wednesday, justices at the UK’s highest court unanimously ruled in FWS’s favour.
"I'm gutted to see this judgement from the Supreme Court, which ends 20 years of understanding that transgender people with a gender recognition certificate are able to be, for almost all intents and purposes, recognised legally as our true genders," Gomersall said.
"These protections were put in place in 2004 following a ruling by the European Court of Human Rights, meaning today's ruling undermines the vital human rights of my community to dignity, safety and the right to be respected for who we are."
Gomersall added: "This ruling represents yet another attack on the rights of trans people to live our lives in peace.
"With hate crimes against trans people on the rise across Britain, it's time for the UK Labour government to stop sitting on the fence when it comes to the human rights of trans people, to step up, and defend one of the most vulnerable minorities in the country."
Scottish Greens MSP Maggie Chapman also reacted to the ruling, describing it as "a deeply concerning ruling for human rights" and "a huge blow to some of the most marginalised people in our society".
“Trans people just want to be able to live their lives like any of us, without the fear of prejudice or violence, but today they have been badly let down.
“Trans people have been cynically targeted and demonised by politicians and large parts of the media for far too long. This has contributed to attacks on longstanding rights and attempts to erase their existence altogether.
“Whatever happens next, we will continue to stand with trans people and resist the nasty and aggressive culture war that is being waged against them and challenge any attempts to remove their rights.
“We will always stand up for human rights, dignity and respect for all people. We will stand with the trans community today, tomorrow and always.”
