The opinion piece in the Hastings Independent Press on 12th August entitled ‘All About Eve’ has echoed the recent Supreme Court ruling clarifying that “sex” in the Equality Act refers to biological sex and reignited the strong debate in Hastings, which a short while ago ripped the Local Labour Party to shreds. Some commentators argue that women’s rights are under threat, while others stress the importance of ensuring protections for both women and trans people. This article responds to the piece by recognising genuine concerns, providing evidence, and explaining how rights can be balanced.
1. “If ‘woman’ doesn’t mean biological female, women’s rights lose meaning.”
It is understandable to feel that the word “woman” needs a clear definition. The Equality Act protects both sex and gender reassignment, meaning women’s rights remain protected, and trans people’s rights are also protected¹. The Act does not erase protections for women but clarifies how they coexist with protections for others.
2. “The local Trades Union Council called the ruling hateful and ‘anti-trans’.”
Trade unions are designed to protect workers, particularly those facing discrimination. Supporting trans rights does not erase support for women’s rights. For example, a union can defend a woman facing sexist treatment while also defending a trans woman who experiences harassment at work². Both require protection.
3. “Hastings Women’s Voice said ‘there is no feminism without trans women’.”
Feminism has a history of exclusion that it later corrected. In the early women’s movement, women of colour and working-class women were often marginalised³. In the 1970s, lesbians were dismissed as the “lavender menace” before later being recognised as integral to the feminist movement⁴. Each time, feminism became stronger through inclusion. Including trans women today follows this same pattern, recognising that they too face sexism and violence.
4. “Women who speak out are bullied, smeared and shut down.”
Bullying and threats are unacceptable. Women and trans people alike deserve respectful discussion, not smears or abuse.
5. “Biological sex does matter. That’s why single sex services exist.”
Biological sex is important in healthcare and safeguarding. However, violence against women overwhelmingly comes from cisgender men, not trans women⁷.
The evidence is clear:
– In the 2021 Census, about 0.5% of people aged 16+ in England and Wales identified as transgender (262,000 people), with Scotland reporting 0.44%⁸.
– Only 0.078% of the trans and non-binary population was incarcerated in 2021, compared with 0.314% of cis men and 0.013% of cis women⁹.
– The Ministry of Justice recorded around 230 trans prisoners in 2022, mostly trans women, out of a prison population of more than 80,000¹⁰.
– In 2023, 78% of those dealt with by the criminal justice system were men and 22% were women¹¹.
Trans people are such a small proportion of the population that they cannot be driving violence statistics. Safeguarding should be based on behaviour and risk, not identity. Services can offer single-sex and gender-neutral options, ensuring safety and dignity for all.
6. “Letting males compete in women’s sport causes real harm.”
Fairness in sport matters, and governing bodies already have policies on trans participation. These are being reviewed as evidence develops¹². Sports vary: some rely on size and strength, others on skill or endurance. Blanket bans are not evidence-based. A fair approach considers each sport individually, protecting women’s sport while avoiding unnecessary exclusion.
7. “The slur ‘TERF’ is openly used to silence women.”
Insults like “TERF” are often experienced as slurs and can silence women, which is wrong¹³. At the same time, the term arises from trans people feeling excluded by arguments that deny their identity. Both misogyny and transphobia are real problems. Respectful debate requires rejecting insults and ensuring both women’s and trans voices are heard.
It also means making sure services are properly funded. Too often, women’s services and trans healthcare are both underfunded, creating competition and resentment. When rape crisis centres, reproductive healthcare, or gender identity clinics are stretched to breaking point, frustration grows. The real issue is not inclusion but a lack of resources. Proper funding is essential to meet the needs of cis women and trans people alike.
8. “Public bodies say ‘it’s complicated.’ It’s not. A woman is an adult human female.”
The law accepts complexity because ignoring it leaves people unprotected. Some live their lives entirely as women but were not born female. They face harassment and violence like other women and need access to services¹⁴. The Equality Act protects both sex and gender reassignment to balance these realities.
9. “By putting males in our spaces, you exclude the women those spaces were built to protect.”
This concern reflects real fears of vulnerable women, particularly survivors of violence. But inclusion of trans women does not automatically mean exclusion of others. Services can provide women-only spaces when needed while also creating gender-neutral options. With care, protection can be offered to both groups¹⁵.
10. “Biology is not bigotry.”
Discussing biology is not hateful. But when biology is used to deny dignity or safety, it becomes harmful. Recognising trans women does not erase biology; it acknowledges an additional layer of experience and protection¹⁶.
Conclusion
History shows feminism has at times excluded women of colour, working-class women, and lesbians. Each time, the movement became stronger by including them. The same is true today. Women’s rights remain protected. Trans rights remain protected. The real task is to make fairness, dignity, and safety a reality for all women — including trans women — without division.
Endnotes
1. Equality Act 2010, Schedule 3 (UK Government).
2. Trades Union Congress, Supporting Trans Workers (2022).
3. bell hooks, Ain’t I a Woman? (1981).
4. Susan Brownmiller, In Our Time: Memoir of a Revolution (1999).
6. Office for National Statistics, Crime Survey for England and Wales (2023).
7. ONS, Census 2021: Gender Identity in England and Wales (2023); National Records of Scotland, Census 2022 (2024).
8. TransLucent, Transgender People, Crime and Prisons in the UK (2021).
9. Ministry of Justice, Safety of Transgender Prisoners Policy Review (2022).
10. UK Government, Women and the Criminal Justice System 2023 (gov.uk).
11. International Olympic Committee, Framework on Fairness, Inclusion and Non-Discrimination (2021).
12. The Independent, “Debate over the term TERF and free speech” (2019).
13. Equality and Human Rights Commission, Technical Guidance on the Equality Act (2020).
14. Stonewall, Supporting Trans People in Single-Sex Services (2021).
15. World Health Organization, Gender and Health (2020).