How To Respond To the UKSC Ruling On Trans People

 This week, the United Kingdom Supreme Court (UKSC) issued a ruling that on the face of it invalidates transgender women’s rights under the law.  I haven’t finished reading through the entirety of the ruling (I’m also not a lawyer - so reading this stuff is often slow going for me!), and I’m sure that others will have more clear headed things to say about the ruling itself.

However, my objective here isn’t to perform a deep dive into the ruling.  This is more about how a ruling like this can be turned back on itself.  The objective of these cases is clearly to shove transgender women (in particular) out of public life.  To do so, proponents of these suits often dive behind what they think of as “scientific wording” - in this case, the phrase “biological woman” comes to the fore very quickly. 

In a sense, such simplistic phrases are perfect for weaponizing, and they can be weaponized very effectively by transgender people and their allies.  Even the UKSC ruling, while it adopts this language doesn’t attempt to provide any kind of meaningful definition of what this means.  

A trivial version of taking it apart is a bit like the snarky quip about “organic vegetables”:  It’s clearly a vegetable, and by definition it is organic in that no human being assembled it.  Similarly, a transgender woman might well say “I’m biological, and I’m a woman - I don’t see a problem here”.  It’s a bit facetious to do so, but given the approach being taken by the anti-transgender panic brigade, not entirely wrong. 

The other end of it is when cases get before the courts, (and they inevitably will), we start off with bringing in biologists and have them give lessons to the court on the complexity of human biology when it comes down to reproductive biology and sex development.  It’s strange - oh so strange - and efforts to treat it as some kind of rigid dichotomy are hugely problematic.  

Pretty much every time you hear “biological woman”, you know you’re talking to someone who has absolutely no idea what they’re saying - biology isn’t simple, and it’s beyond laughable to try and reduce any human being to “the bits between their legs”.  Every time the antis bring up transgender people as some kind of abhorrent problem, slap them down with all of the exceptions that already exist even if transgender people didn’t.  

The logic they’re using is so rigid it’s brittle.  Twist it on them until it breaks at every turn. 

Will it be easy?  Nope.  But it needs to be done.  Every single argument the “antis” are making to justify shoving transgender women out of public life is based on falsehoods.  Their suppositions about transgender people are rigid and false, and that makes them vulnerable to attack - even when they think they’re backed up by the highest courts in the land.