The UK Supreme Court has ruled that transgender women cannot be legally considered “women” in all legal contexts, particularly in areas such as:
Access to single-sex spaces (locker rooms, prisons, shelters for victims of violence).
Women’s sports, to ensure “competitive fairness”.
Official documents, where biological sex prevails over self-declared gender identity.
The ruling follows an appeal by conservative feminist groups, who feared it would “annul the rights of biological women”.
THE LEGAL CONTEXT
Gender Recognition Act (2004): Until now, it allowed a person to change their legal gender after a diagnosis of dysphoria and two years of transition.
New interpretation: The Court stated that biological sex remains a priority in contexts where “physical difference is relevant”.
Exceptions: Self-determination remains possible in non-critical contexts (e.g. work, social life).
HOW DID THE MAJORITY OF BRITISH PEOPLE REACT?
According to a YouGov poll (July 2024):
62% of respondents supported the decision, believing that biological sex and gender identity should be distinguished by law.
Main reasons: Protection of women’s spaces (55%), fairness in sport (48%), protection of minors (33%).
28% opposed, calling the ruling “a step backwards on human rights”.
Criticism: “Legitimacy of discrimination” (61%), “Ignores medical science” (39%).
10% have no opinion.
Demographic differences:
Over 55s: 78% in favor.
Under 35s: 44% in favor, 49% against.
Tory voters: 81% for vs. Labour voters: 53% against.
IMMEDIATE REACTIONS
🔵 Who applauds:
Kathleen Stock (philosopher): “Victory for realism: women exist, and they have rights to defend”.
Maya Forstater (activist): “Finally, it is recognized that unlimited self-determination puts women at risk”.
Conservative Party: “Balanced decision that reconciles rights and biological reality”.
🌈 Who condemns:
Stonewall (LGBTQ+ NGO): “Obscurantist ruling. Denying gender identity is institutional violence”.
Munroe Bergdorf (trans model): “The UK is becoming a desert for trans people”.
Labour Party: “A stab in the arm of the LGBTQ+ community. We will restore rights”.
FUTURE SCENARIOS
Risk of litigation: Trans associations promise to appeal to the European Court of Human Rights.
Domino effect: Countries like Hungary and Poland could adopt similar laws.
Impact on UK elections: Labour will use the ruling to attack the Tories as “retrograde”, but 54% of swing voters approve the decision (IPSOS).
THE BRITISH PARADOX
While the government promotes inclusiveness in the NHS (free hormone therapy), the Court signals a clear stop to absolute self-determination. A contradiction that reflects the divided cultural climate: progressive in the cities (London, Brighton), conservative in the suburbs and countryside.