Last week saw the Supreme Court – the highest court in the land – ruled on something that many would cite as the obvious: That trans women are not biological women.
Anyone doing GCSE biology could have told you that. Males have XY chromosomes, females XX chromosomes. Simple. But over the years we have got ourselves into such a mess that the man who is now prime minister once said, in all seriousness, that 99% of women don’t have penises.
We have come a long way with tolerance. I knew a same sex loving couple that had started their relationship when homosexuality was punishable with imprisonment. Now we have same sex marriages. It is the same with people who feel they have been born into the wrong body, who feel their birth gender is not the one they truly are. As a society, we are happy with that, and if people feel this strongly, they are free to live in whatever way they choose. The 2010 Equality Act – the piece of law that was under scrutiny by the Supreme Court Judges - makes sure that our laws protect people from discrimination.
But over the years, we have seen too much confusion. Should children with gender dysphoria be given hormone blockers to delay puberty? That was looked at recently by Dr Hilary Cass and as a result, the Tavistock Clinic was closed. What about trans women in sport? Men are simply bigger than women so have a strength advantage. A trans woman will be at an advantage, and that is unfair on all women athletes. And in the most extreme cases, we see a male convicted rapist self-identifying as a woman and being transferred to a women only jail. It doesn’t pass a simple test of common sense.
The argument has matured into one that sets a challenge between the rights of trans women and those of biological women. In the last census, 0.54% of people identified as transgender. That compares to 51% who identified as biological female. Assuming half of those identifying as transgender are trans men, is it right that we risk making 200 women uncomfortable for the sake of 1 trans woman?
We absolutely must stick up for minorities, of all types. That is what a fair society must do. This debate will not abate, but it will be interesting to see how it plays out.