Misguided branch of British Medical Association rejects UK’s Supreme Court decision that “woman” is defined by biological sex

As I reported two weeks ago, the Supreme Court of the United Kingdom voted unanimously to affirm that the term “woman” under the legal Equality Act refers only to biological women and not trans-identified men. That means that a biological male holding a gender reassignment certificate would not have the same legal status as a biological women.  I added this:

In all the stuff I was able to read this morning, I was unable to find the definition of a “biological woman”, save that it refers to one’s natal sex, though they don’t mention gametes. The ruling does refer to the binary nature of sex (see below). And the ruling implies as well that the word “man” can mean in law only a “biological man”

That would seem to settle things, at least as far as the Equality Act is concerned, and the ruling was celebrated by those who favor the existence of “women’s spaces,” including sports competition, locker rooms, and jails.

But some members of the British Medical Association (BMA), as reported by the Times of London and other venues, have taken issue with the Supreme Court’s decision, implying that rrans-identified men are also women.  The subgroup of the BMA that voted against the Supreme Court Decision was the group of “resident doctors,” previously known as “junior doctors,” and so represent younger physicians. Note that the BMA is a registered trade union and does not regulate doctors; that role is given to the General Medical Council.

Click below to see an archive of the Times report:

A précis:

Doctors at the British Medical Association have voted to condemn the Supreme Court ruling on biological sex as “scientifically illiterate” and “biologically nonsensical”.

The union’s wing of resident doctors — formerly known as junior doctors — passed a motion at a conference on Saturday criticising the ruling that a woman is defined by biological sex.

The doctors claimed that a binary divide between sex and gender “has no basis in science or medicine while being actively harmful to transgender and gender-diverse people”.

The branch of the British Medical Association (BMA) — representing about 50,000 younger doctors — said it “condemns scientifically illiterate rulings from the Supreme Court, made without consulting relevant experts and stakeholders, that will cause real-world harm to the trans, non-binary and intersex communities in this country”.

The BMA’s stance is likely to raise concerns that the medical profession may seek to obstruct attempts at implementing new NHS guidance on trans patients, being drawn up after the Supreme Court ruling. It follows the union’s decision last summer to lobby against the Cass Review and to call for an end to the ban on puberty blockers for children identifying as transgender.

Lobbying against the Cass Review—a sensible report that banned the use of puberty blockers on individuals under 18 and dismantled the dysfunctional Tavistock Clinic that hustled gender-dysphoric children into “affirmative therapy”—shows where the ideology of this group lies. Although the Cass Review was widely applauded by doctors, these “resident doctors” are clearly infected with the mantra that anyone can claim to be any sex they want. As the yahoo! article below notes, “Last year, the BMA became the only medical organisation in the UK to reject the findings of the Cass Review into the provision of gender identity services for young people.”

And their ideology is clear:

The BMA motion, responding to the ruling, said: “This meeting condemns the Supreme Court ruling defining the term ‘woman’ with respect to the Equality Act as being based on ‘biological sex’, which they refer to as a person who was at birth of the female sex, as reductive, trans and intersex-exclusionary and biologically nonsensical.

“We recognise as doctors that sex and gender are complex and multifaceted aspects of the human condition and attempting to impose a rigid binary has no basis in science or medicine while being actively harmful to transgender and gender diverse people.”

It added that the BMA is committed to “affirming the rights of transgender and non-binary individuals to live their lives with dignity, having their identity respected”.

Of course we all respect the rights of transgender individuals–as transgender individuals. But those rights clearly clashed with the rights of other groups, most notably biological women, and the court adjudicated that clash in its definition of “woman”. Nobody of good will wants “erasure” of trans people, but we have to recognize that the claim that “trans women are women” leads to a clash of rights whose solution was taken up by the UK Court.

Note the “sex and gender are complex” assertion often used by ideologues or the benighted to claim that sex is not binary. (Yes, there are a very, very few exceptions., as I mention below, but for all practical purposes biological sex is binary.)  And, of course, it is binary in nearly all transsexual individuals, who even recognize the binary by wanting to adopt the role of their non-natal sex.

A bit more:

Sex Matters, the campaign group, accused the doctors of being an “embarrassment to their profession” and said it is “terrifying” that people who have undergone years of medical training can claim there is “no basis” for biological sex.

Indeed; for the doctors are redefining sex (and gender) as some multifactorial, “multifaceted aspect of the human condition”.  Perhaps gender roles fit that definition, but the Supreme Court was defining sex, not gender, and stayed away from gender, which is not part of the Equality Act.  This clearly shows the ideological nature of the resident doctors’ efforts and their unwarranted conflation of sex and gender.  Sex is a biological issue; gender a social one, also mixed to some degree with biology.  Don’t these doctors know that? Yes, of course they do, but pretend otherwise. If they’re not pretending, they are witless and don’t deserve to be doctors.

Yahoo News! (click below) gives the text of the resident doctors’ resolution:

Here’s the text of the resolution:

“This meeting condemns the Supreme Court ruling defining the term ‘woman’ with respect to the Equality Act as being based on ‘biological sex’, which they refer to as a person who ‘was at birth of the female sex’, as reductive, trans and intersex-exclusionary and biologically nonsensical.

“We recognize as doctors that sex and gender are complex and multifaceted aspects of the human condition and attempting to impose a rigid binary has no basis in science or medicine while being actively harmful to transgender and gender diverse people. As such this meeting:

“i: Reiterates the BMA’s position on affirming the rights of transgender and non-binary individuals to live their lives with dignity, having their identity respected.

“ii. Reminds the Supreme Court of the existence of intersex people and reaffirms their right to exist in the gender identity that matches their sense of self, regardless of whether this matches any identity assigned to them at birth.

“iii. Condemns scientifically illiterate rulings from the Supreme Court, made without consulting relevant experts and stakeholders, that will cause real-world harm to the trans, non-binary and intersex communities in this country.

“iv. Commits to strive for better access to necessary health services for trans, non-binary and gender-diverse people.”

The deeming of the Supreme Court’s ruling as “trans and intersex-exclusionary” is confusing.  Most trans people do indeed fit into the Court’s categorization of “man” or “woman.” The exception, the “true” intersex people, range in frequency from 1/5600 to 1/20,000, and so are very rare, making biological sex as binary as you can get. (In contrast, the frequency of people born with extra fingers or toes is about 1/2500 to 1/800, and yet we refer to humans as having “ten fingers and toes”.) It’s clear that this controversy is really not about the rare “true intersex” individuals, but about individuals who fit the biological definition of “man” or “woman” but identify otherwise—as either “nonbinary” or “transsexual”.

h/t: cesar, nick