How can ‘what is a woman?’ be so difficult to answer

It is a perfectly simple question but that doesn’t stop it from terrifying politicians.

As the pernicious effect of gender ideology has become clearer, countless elected members have struggled to provide a coherent answer to “What is a woman?”

Vanishingly few members of both the Westminster and Holyrood parliaments are prepared to state plainly that a woman is an adult human female. Instead, we’ve seen and heard many seemingly intelligent people squirm, evade and even lash out.

The gender wars will likely continue even after the Supreme Court ruling on Wednesday. Picture: Jane Barlow/PA Wire

A woman, say a troubling number, is anyone who identifies as a woman, a circular argument that answers nothing; others cock their heads and explain that “it’s complicated”, even though it most certainly is not; a certain breed of politician – usually male – simply refuses to answer this “gotcha question”.

But the days of avoidance and equivocation are drawing to a close. On Wednesday, the Supreme Court in London will provide an answer to the question that sends so many politicians into a tailspin.

The feminist campaign group For Women Scotland (FWS) has sought a legal ruling on the matter over concerns about the impact on women’s rights of an ideology that says someone can change their legally-recognised sex simply because they claim to have done so.

Thanks to the campaigning of trans activists and the enthusiasm of politicians who haven’t given given the subject serious thought, we’ve seen trans-identifying men placed in women’s prisons, given access to single-sex changing rooms and refuges, and appointed to positions that the law states should be given only to women.

FWS has asked the Supreme Court to answer the question: “Is a person with a full gender recognition certificate (GRC), which recognises that their gender is female, a woman for the purposes of the Equality Act 2010?”

Regardless of the answer, the ruling will have explosive consequences.

Read more here: Supreme Court gender verdict on definition of a woman due - here’s what it will mean

If the Supreme Court states that a GRC does not change someone’s actual sex in law, then – across the UK – the madness of trans-identifying men in women’s spaces will come to an end. If, on the other other hand, the Justices decide that a GRC does in fact make someone a woman in the eyes of the law, that will be confirmed as the standard and the self-identification policies which have seen male sex offenders access women’s spaces will be confirmed as unlawful.

It is to be hoped that managers across the public sector will be paying close attention to matters at the Supreme Court. With the encouragement of SNP ministers, organisations across the country have ignored both women’s rights and the fundamentals of good safeguarding practice in order to accommodate the demands of men who wish to “live as” women.

Most recently, NHS Fife has been embroiled in a court action brought against both it and trans-identifying doctor Beth Upton by Sandie Peggie, a nurse of 30 years’ standing who, after complaining she should not have to share a changing room with someone born male, was suspended from work and subjected to a disciplinary procedure.

Ten days of hearings in February revealed deeply troubling details of the way in which Peggie was cruelly treated following a complaint from Upton, who defiantly (and wrongly) claims to be biologically female.

Because of the health board and Upton’s failure to produce necessary documents, the tribunal is on hold until July, at which time we will learn more about an organisation that appears to be utterly dysfunctional.

NHS Fife last week launched a bid to have members of the public excluded from the next round of hearings in Peggie’s case. This, the health board contends, is because of delays caused by non-journalists using an online livestream from the tribunal.

I contend it is because NHS Fife is run by fools embarrassed that their behaviour has been exposed by a group calling itself “Tribunal Tweets” which provides real-time updates of cases involving women fighting back against the misogynistic demands of trans activists.

Whether NHS Fife succeeds in its new mission or not, the Peggie case will dominate the Scottish news agenda at the height of summer.

Under pressure from some members – and spooked by polling that shows the majority of voters believe the Scottish Government’s failed attempt to introduce self-ID into law was wrong – Labour’s Anas Sarwar has said he stands with Sandie Peggie. He joins Conservative Leader Russell Findlay in the reality camp.

First Minister John Swinney, on the other hand, would very much like not to talk about it.

Swinney finds himself in a bizarre position.

Some allies of the First Minister insist he knows fine and well what a woman is. Unfortunately, as deputy to former FM Nicola Sturgeon, Swinney signed up to the SNP’s crusade to meet the demands of trans activists, so the government he now leads is on the opposing side to For Women Scotland when it comes to the question being considered by the Supreme Court.

If Justices rule on Wednesday that biological sex is key to women’s rights (and that a GRC is not a golden ticket into refugees and changing rooms) then FWS will celebrate a deserved victory.

If this is the outcome, I believe the First Minister will be relieved.

Swinney’s refusal to engage on this issue or to pay heed to the women outraged by the Scottish Government’s attempt to remove their rights has displayed a moral cowardice that continues to surprise me. A win for FWS on Wednesday would give him the cover of the law from which he can begin to untangle the mess created by his government.

A loss for FWS on the other hand, would make life even more difficult for a First Minister already struggling to defend his government’s position on women’s rights. Should the Supreme Court rule that a GRC genuinely makes someone a woman, then For Women Scotland will come roaring back.

And they’ll have the vocal support of voters from across the UK who know a woman is, quite simply, an adult human female.