Editorial: ​Politicians need to fix the mess of gender laws

Whatever the outcome of today’s Supreme Court decision on the definition of the word woman, the legislative mess created by the political class in their pursuit of transgender demands needs to be resolved.

If the United Kingdom’s top judges rule that, in effect, biological sex trumps someone’s self-perceived gender identity – it will be a welcome decision.

It could, however, be more nuanced. Or, judges could agree with the Scottish courts that someone in possession of a gender recognition certificate is the sex of their choosing.

Whatever the outcome, everyone knows what a woman is – and it’s time that politicians ensured that the law reflects reality, not feelings. One of President Trump’s first actions upon returning to office was to make clear that there are only two genders, male and female.

Yet in the UK, the situation is largely being left in the hands of the courts to assess how legislation enacted over a decade ago applies today.

If the Supreme Court rules that the Gender Recognition Act (GRA) legally entitles males, whether or not they have had surgery, to enter female spaces like refuges, changing rooms or toilets – the government needs to look at it again.

It is over 15 years since the GRA was introduced. Legislators could not have foreseen the radical changes in gender politics that have taken place since. A well-intentioned law meant at providing protections mainly for what was then a tiny number of transsexual men has had unforeseen consequences for women.

Women’s spaces should be for biological women alone. Possession of a gender recognition certificate does not change reality – and if the GRA becomes an obstacle to single sex spaces for women and girls, it must be amended or scrapped.