THA’s Statement on UK Supreme Court Judgment Regarding the Equality Act 2010

Solidarity:

The recent judgment comes as a heavy blow to the trans community. We at THA deeply empathise with our neighbours in the UK. Our community faces uncertainty and anxiety as we try to figure out the ramifications of this judgment - legally, politically, and practically. We also note that this judgment does not arrive in a vacuum, but in the context of increasing legislative attacks on trans rights. From rejection of foreign gender and sex documentation to highly targeted restrictions on puberty blockers for trans young people, trans rights are being eroded by the UK government and legal system.

False Binary

We disagree with the UK Supreme Court’s interpretation that “biological sex” is binary and determined at birth. Biology is messy and always changing. The wide variety of biological expressions in humans cannot be accurately split into two neat categories. Nor will a classification always remain appropriate as a person grows and their body develops. Medical transition physically reshapes us. For many of us, our current biology is vastly different from how we were born - a fact that this judgment fails to address. Regardless, biology does not determine a person’s gender; their expression of their truest self does.

Stratification:

Furthermore, the judgment allows for a dangerous stratification of womanhood. Trans women with a GRC will be legally considered as having a quasi-womanhood, accepted or revoked based on the legislation in question. Deciding that certain categories of women are protected as women while others are not flies in the face of equality. This distinction between states of womanhood also clearly calls into question the “sex is binary” statement made in the judgment.

Back Home:

Here in Ireland, our community needs to take this as a reminder that while progress can be won, it can also be lost. If we are not vigilant and vocal, our own legal protections could come under threat. This is one of the key points of advocacy - speaking up and defending our rights. Our community will continue to stand strong, together.

Staying Strong:

To stay strong, we also need to look after our well-being. If you are feeling distressed by the news, it helps to have someone to talk to.  If you need someone to listen, you can reach out LGBT Ireland Helpline on 1800 929 539, or Samaritans Ireland on 116 123. LGBT Ireland also maintains a list of regional support centres and support groups.

Stay connected and stay safe. Our lives are ours to decide!