Great Britain

Supreme Court denies trans people legal status as women. Payback for Rowling, the 'mother' of Harry Potter

British Supreme Court denies trans people legal recognition as women, prompting positive reaction from J.K. Rowling

by Nicol Degli Innocenti

La Corte suprema nega ai trans lo status legale di donna. Rivincita per Rowling, la «mamma« di Harry Potter

2' min read

2' min read

LONDON - Under British law, a person's sex is a biological matter established at birth, the Supreme Court ruled. The five justices unanimously ruled that the legal definition of woman in the Equality Act 2010 does not include transsexuals who have obtained a 'gender recognition certificate' attesting to their sex change.

The Supreme Court wanted to shed light on a complex and controversial issue, but emphasised that the ruling 'should not be seen as a triumph for one group of people at the expense of another'.

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The law in fact protects gender reassignment and direct and indirect discrimination against trans people remains illegal, 'without the need to extend the definition of women to them and to force the Equality Act'.

This is a defeat for the Scottish Autonomous Government, which had passed a law putting transsexuals on an equal footing with women, granting them the right, for example, to access positions and places reserved for women. Yesterday, John Swinney, the Scottish premier, accepted the ruling of the Court of Final Instance and said that the government in Edinburgh had always "acted in good faith."

Instead, it celebrated victory for the feminist group For Women Scotland, which had sued the Scottish Government arguing that trans women's rights should not trump the rights of women, who should feel protected and safe in the spaces reserved for them.

JK Rowling's revenge

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Writer JK Rowling, author of the Harry Potter books, who supported and funded the lawsuit, expressed her satisfaction, stating that the ruling "protects the rights of women and girls throughout the UK."

According to Amnesty International, however, which had sided with the Scottish Government, excluding trans people is in conflict with human rights laws.

Vic Valentine, from the Scottish Trans Association, expressed concern about the consequences the ruling will have. "I don't see how this decision is compatible with a society that treats everyone equally," he said. Trans people have the right to live with dignity."

The decision will have an impact in real life, the Supreme Court pointed out, from the armed forces to sports centres, from hospitals to women's shelters.

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