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ARGENTINA

The United Kingdom's Supreme Court ruled that transsexuals are not women.

The Supreme Court of Justice of the United Kingdom delivered a sensible ruling and recognized that transsexuals do not constitute the figure of 'woman.'

The United Kingdom's Supreme Court issued a unanimous ruling on Wednesday determining that, for legal purposes under the Equality Act 2010, the term "woman" refers exclusively to a person biologically born as female.

This historic decision excludes men who pretend to be women, even those with legal gender recognition certificates, from the legal definition of "woman" in certain contexts.

The case was brought before the court by the women's rights group For Women Scotland (FWS). The controversy arose from a law passed by the Scottish Parliament in 2018 that aimed to ensure a kind of "gender quota" (50% women) on the boards of public bodies.

A historic Gothic-style building with a flag waving on top and trees around it.
The Supreme Court of Justice excluded men who believe they are women from the definition of the word | La Derecha Diario

The Scottish government interpreted that this quota included "trans women" who possess a Gender Recognition Certificate (GRC), a document that grants legal recognition to a change of sex.

FWS argued that this interpretation distorted the purpose of the law, as it would allow the female representation quota to be met without necessarily including biological women. According to Trina Budge, the group's director, allowing men with certificates to count as women violated the ordinary meaning of the term "sex."

The five judges of the court supported FWS's argument, stating that the terms "woman" and "sex" in the Equality Act must be understood in their biological sense.

A group of people is gathered, a woman hugs another who is holding a notebook and a pen, while other people smile and clap in the background.
Trina Budge, the director of the group, pointed out that women with a certificate can't be recognized as such | La Derecha Diario

Judge Patrick Hodge emphasized that using the certified sex (i.e., the one appearing on a GRC) instead of biological sex would lead to an incoherent interpretation of legal concepts, creating "heterogeneous groupings" that would undermine the purpose of sex protections.

However, the ruling also emphasized that the rights of transgender people have not been eliminated. The court made it clear that transgender individuals remain legally protected against "gender reassignment discrimination", even if they are not recognized as women.

This ruling could have broad implications for access to women-only spaces and services, such as locker rooms, homeless shelters, swimming pools, and women-specific medical or counseling services. It will also directly impact public policies on female representation and other affirmative action measures based on sex.

Feminist groups celebrated the decision as a victory for the rights of women and girls. Susan Smith, co-director of FWS, stated that "everyone knows what sex is and it can't be changed," adding that this ruling represents a return to reality and common sense after a period in which, according to her, science was denied.

A man in a suit and tie posing in front of a bookshelf filled with colorful books.
Judge Patrick Hodge explained the legal terms in which the definition of woman must be used | La Derecha Diario

One of the most notable figures who celebrated the ruling was Harry Potter author J.K. Rowling, who has been a vocal critic of some claims of the transgender movement.

On social media, Rowling expressed her pride and gratitude toward the women who brought the case to court, sharing celebratory images and highlighting that this decision protects the rights of women and girls.

She also reiterated her critical stance toward gender ideology, even questioning the existence of false "trans children" and comparing certain gender affirmation treatments to lobotomies.

Rowling has been widely criticized for her outspoken opinions on this topic, including by some actors from the Harry Potter franchise, and has been the subject of boycotts and protests. Nonetheless, her followers celebrated this legal victory as a recognition of "biological reality" in the face of self-identified gender identities.

A person enjoying a drink and a cigarette in an outdoor setting with a view of the sea at sunset.
Author J.K. Rowling celebrated the case and once again criticized gender ideology | La Derecha Diario
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