The UK Supreme Court has announced a controversial ruling on the legal definition of “woman”, prompting backlash from student groups and concern from the University of Manchester Students’ Union.
The judgement was given on Wednesday 16 April, with the ruling defining a ‘woman’ by assigned gender at birth under the Equality Act 2010.
It means that someone who holds a gender recognition certificate, legally affirming their gender as a woman, will now not have the right to ‘women-only’ spaces or services.
This could have serious ramifications for trans women who could now be excluded from women-only domestic violence refuges (though charity ‘Refuge’ stated it will not change its operations), prisons, bathrooms, changing rooms, swimming facilities, sports competitions and all-women shortlists. It may also include NHS wards.
British Transport Police will also update their same-sex strip-search policy, basing searches on ‘biological’ sex regardless of the detainee holding a gender recognition certificate.
The case was brought to the Supreme Court after Scottish courts rejected arguments made by anti-trans campaign group ‘For Women Scotland’ that the Equality Act 2010 definition of ‘women’ was limited to people assigned female at birth.
A spokesperson for The University of Manchester explained that the University “will be reviewing guidance” and look at what the decision “means in practice”.
Various student groups at the University of Manchester have expressed their support for the trans community online.
‘@uomfeministcollective’ made it clear they are “deeply appalled by this decision”, and reiterated that “trans rights are human rights and no court can dictate otherwise” in a post to over 16,000 Instagram followers.
They went on to say “this [ruling] represents a significant erosion of trans rights”. Calling the ruling “an attack on trans rights” and highlighting that the ruling “risks further marginalising women of colour, women with disabilities, and all those who do not conform to rigid, exclusionary definitions of womanhood”.
Accounts ‘@uomtransassociation’ and ‘@uomlgbtqsociety’ have used their Instagram stories to spotlight resources on transgender rights or statements of solidarity.
A University of Manchester Students’ Union spokesperson gave the following statement when approached for comment:
“The Students’ Union remains committed to creating a safe, inclusive, and welcoming environment for all students, including the trans and non-binary members of our community.
The UK Supreme Court’s ruling is a heartbreaking attack on the rights of trans people across the country and is a reflection of the harmful rhetoric shared across society that seek to ensure that trans voices are silenced. However, this ruling does not change our values, our policies, or the way we support students.
Our services, campaigns, and spaces are inclusive and will continue to support students of all gender identities. The Students’ Union provides a range of support services, peer-led initiatives, and advocacy resources designed to empower trans students. We also work in close partnership with student-led liberation campaigns and societies to ensure our policies and projects reflect the lived experiences of trans students.
At this time, we are not making any changes to how our services are delivered. We want to reiterate that we will always stand in solidarity with our trans and non-binary students, providing them with the support they need and advocating for them, both in university spaces and in the wider city. We will continue to engage with our members and relevant student groups to understand the impact this ruling may have on their sense of safety, identity, and belonging and make tangible steps to provide them with the support and the guidance they may need”.
Whilst Lord Hodge, one of the Supreme Court judges, urged people not to see the ruling as a “triumph of one or more groups […] at the expense of another”, transgender rights groups across the United Kingdom have pointed to the negative implications the decision will have.
Simon Blake, CEO of LGBTQ+ charity Stonewall, reacted to the ruling with “deep concern at the widespread implications” stating “It will be incredibly worrying for the trans community”.
The UK Chief Executive for Amnesty International, Sacha Deshmukh, expressed disappointment at the judgment.
“There are potentially concerning consequences for trans people” but stressed Lord Hodge’s emphasis on protections for trans people “under the Equality Act”.
Activist group ‘TransActual’ highlighted in a statement responding to the ruling that the Supreme Court did not “hear from any trans people” when making their decision.
Openly transgender judge Victoria McCloud’s request to take leave in order to join litigation as part of the case was refused.
