On the 17th (local time), the famous author J.K. Rowling, who wrote the 'Harry Potter' series, posted a photo of herself on social media X. In the photo, she looks pleased as she smokes a cigar while raising a glass as if in a toast with one hand. The photo includes a brief caption that reads, "I love it when a plan comes together," along with the hashtags #SupremeCourt and #WomensRights. This photo recorded an astonishing 43.83 million views.
A day before posting the photo on the 16th, the UK Supreme Court ruled unanimously that only biological women can be defined as women. Since Rowling had faced accusations of being a 'bigot' for her comments related to transgender issues over the past few years, her posting of the photo is interpreted as a way to express her joy over the Supreme Court decision. American entertainment media Page Six also reported on the 16th that "Proud Rowling toasted the Supreme Court ruling."
◇ What has been happening to Rowling?
Rowling has faced significant turmoil over the past few years due to gender ideology and anti-discrimination laws sweeping through the Western world. It all started in June 2020 when she published an article titled "Creating a More Equal World for People Who Menstruate" on the U.S. media platform Devex. In this article, Rowling wrote, "There used to be a word for people who menstruate. What was it? Wumben? Wimpund? Woomud?" She sarcastically pointed out that the trend of including individuals who have undergone gender reassignment surgery into the category of women has led to the disappearance of terms that refer to biological women. Rowling further claimed, "If (born) sex is not real, then homosexuality cannot exist, and the very reality of women's lives is erased."
Rowling's assertions sparked fierce debate, with some agreeing but many more opposing her. LGBTQ+ individuals and feminists argued that Rowling's claim that only people who menstruate are women is incorrect due to the existence of FTM transgender individuals (those born biologically female but who identify as male) and stated, "Rowling's comments discriminate against various LGBTQ individuals, including transgender people." The backlash intensified when it was revealed that Rowling had supported Maya Forstater, a tax consultant who was fired in 2019 for criticizing transgender individuals on social media.
The main characters of the 'Harry Potter' series also joined the criticism. Daniel Radcliffe, who played Harry Potter, stated, "Transgender women are women. Any remarks to the contrary erase the identities and dignity of transgender individuals," adding, "To all those who feel that their experiences related to Harry Potter have been sullied or diminished, I express my deep regret for the pain caused by those comments." Emma Watson, who played Hermione Granger, said, "Transgender individuals should be accepted as the gender they define, and they deserve not to be constantly questioned about their authenticity." Rupert Grint, who portrayed Ron Weasley, declared, "Trans women are women, and trans men are men. We should all have the right to live without judgment and to be loved."
However, Rowling did not back down and expressed her stance again in 2024. When it was reported that two boxing athletes with XY chromosomes would compete as female boxers in the 2024 Paris Olympics, Rowling remarked, "Do you want to see female boxers getting hurt?" and called for an end to "this madness," receiving another wave of criticism.
◇ What is the comprehensive anti-discrimination law sweeping through the West?
The backdrop of the controversy surrounding Rowling's comments lies in the comprehensive anti-discrimination law (Comprehensive Anti-Discrimination Act) that is spreading in Europe and the United States. Comprehensive anti-discrimination differs from individual anti-discrimination in that there is considerable debate over the scope of discrimination. Consequently, there are diverse interpretations of what constitutes discrimination. Some argue that based on this law, even biological males should be allowed to enter women's restrooms or showers if they self-identify as women.
Finland's comprehensive anti-discrimination law, known as the 'Legal Recognition of Gender Act,' grants every citizen the right to legally change their gender once a year. The German Bundestag passed a bill last year allowing individuals to choose one of 'male,' 'female,' 'diverse,' or 'not specified' for their gender registration. The essence of this law is that individuals can change their gender by merely reporting to the registry office without needing psychological assessments or court decisions. Other countries, including Spain, Sweden, Belgium, Denmark, Ireland, Luxembourg, Malta, Norway, and Portugal, also allow individuals to easily change their legal gender if they wish.
In the relatively conservative United States compared to Europe, an anti-discrimination bill prohibiting discrimination based on individual sexual orientation and gender identity, known as the Equality Act H.R.5, passed the House in 2021 but was defeated in the Senate. However, efforts have continued under the Donald Trump administration to maintain a traditional binary gender classification. President Trump signed an executive order on his first day in office recognizing only males and females as genders, followed by another executive order banning the service of transgender military personnel and halting medical support for gender transition for individuals under 19.
◇ The impact of the Supreme Court ruling on British society
The British government enacted the Equality Act in 2010, which prohibits direct discrimination based on gender, sexual orientation, gender transition, race, disability, religion, age, marriage, pregnancy, and childbirth, as well as indirect discrimination, harassment, and retaliation. However, the Supreme Court ruled on the 16th that transgender individuals are not included in the category of 'women' within the scope of this discrimination. Consequently, even if someone's legal gender is listed as female on their Gender Recognition Certificate (GRC), individuals who transitioned gender would not be afforded the same protections against discrimination reserved for women. Nonetheless, the Supreme Court explained that discrimination against transgender individuals would continue to be prohibited as before.
The British Supreme Court's ruling is expected to have significant repercussions in British society. First, it is anticipated to impact public facilities directly. The ruling provides the most direct legal basis for regulating transgender access to restrooms, changing rooms, shelters, and other spaces designated by gender. Clear standards will also be established for transgender participation in sports, as well as for admissions to single-sex schools and gender-specific services.
In response to this ruling, the left-leaning Scottish Green Party stated, "This ruling raises serious concerns about human rights," and emphasized, "We will stand in solidarity with transgender individuals and resist the cultural war directed at them."