Snippet
Comment
Identity
Justice
Politics
3 min read

Deeper conversations on gender will continue after this court ruling

Can the whole mystery of gender be conceded to brute biological fact?
A paiting shows four panels featuring women lawyers over a century
Legacy, by Catherine Yass, hangs in the Supreme Court and celebrates one hundred years of women in law.
The Supreme Court.

Every now and again, a society has to have a word with itself about something. Most social changes happen quite organically without a need for this kind of self-conscious dialogue. Hat-wearing in public was almost ubiquitous, for example, until about the middle of the twentieth century, when it simply stopped. No major debate happened about this - the hat simply sidled out of fashion. Western society just sort of internally worked out that the absence of a hat was not improper.  

Whether or not gender is something real is not like whether it is polite to wear a hat. It requires a very hard conversation - one which pushes on some of the most fundamental differences people can have about politics, the world, and perhaps things even bigger than that. Whether one agrees with it or not, yesterday was a significant development in that very public conversation: the Supreme Court of the United Kingdom ruled that the Equality Act is predicated on a classic gender ontology (i.e. the ‘realness’ of male and female).  

What is at stake here? For some, the expansion of categories like ‘man’ and ‘woman’ to those who have undergone a clinical transition, and those who have an official certificate legally recognising their self-identified gender, is a crucial bellwether of our commitment to equality and freedom. They cite the rates of depression and suicide in this demographic, where an imposed gender causes deep distress. 

Opponents of this move (like J. K. Rowling, who will be celebrating right now, no doubt) cite the dangers that de-anchoring gender from biological markers, like chromosomes or reproductive organs, will have. The justification of single-sex spaces is at least partially balanced on the idea that men and women are different, and separation of them is key for our sense of dignity or safety.  

But both sides agree that we need copper-bottoms for our terms. All humans want to feel like our words are not empty gestures. Biological sex realists want to hold out for fundamentals which can be observed scientifically. This tallies with lots of observable features, history, and culture - but those who hold out for a definition of gender rooted in self-identification are not wrong to point out that overly medicalised definitions will struggle to divide all of the data without remainder. There are genuine cases of intersex people, for example. 

What does a Christian like me think? Someone who is tied to what the Church has historically taught might look to the New Testament, where Jesus, for example, teaches that ‘male and female’ is a good, given aspect of our reality by God. That much might be consoling about the court’s decision. But a Christian may also feel a little cold about conceding the whole mystery of gender to brute biological fact. Surely there is something about being a woman or a man that is more than merely possession of certain physical features, as gender-critical activists claim? 

St Paul, in one of his New Testament letters, says that men and women are an expression of something even more fundamental than chromosomes: “I speak of Christ and the Church”. But this does not make our genders into shadowy symbols. Rather, it says our gender difference is more real for pointing at is something beyond the physical. It is rooted in the most real thing a Christian knows: that God reconciles the world to himself through Jesus as if it was a cosmic marriage. On this view, maleness and femaleness is not a tick-list of attributes, but a goal at which we are all striving. It will require humility, mutual service, and love. 

Society will keep on having its conversation about what exactly men and women are. But if it is to make sense of what things are really like, it may have to keep digging yet. 

Celebrate our 2nd birthday!

Since Spring 2023, our readers have enjoyed over 1,000 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?

Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

Graham Tomlin
Editor-in-Chief

Article
Comment
Death & life
Justice
Sport
4 min read

Diogo Jota, Thomas Partey, and the right to privacy

Distressing stories show that publicity hinders grief but enables justice
A couple hold each other as they look at floral tributes on the ground
Liverpool manager Arne Slot and his wife at a shrine to Dioga Jota.
Liverpool FC.

Content warning: rape and sexual abuse allegations are discussed in this article. 

It’s Thursday 3rd July 2025 and a friend has just sent a message. “Have you heard the news about Diogo Jota?” 

I love Diogo Jota. Love him. So I assume the worst. The club have sold him. He’s got another of the horrific injuries that have plagued his career. But the news is worse than the worst. 

“He and his brother died in a car accident in Spain,” the message continues. What? Surely not. But shortly afterwards the BBC News notification comes in. Diogo Jota and his brother André Silva have died in a car accident in Spain. 

It is unimaginably tragic news. The incident occurred just two weeks after Jota married his childhood sweetheart. He leaves behind three young children. His brother, André Silva, also recently married his partner in June. It is heartbreaking beyond words and seeing the tributes pour in from colleagues – no: friends – of the players only cements how upsetting a loss this is.  

It’s now Friday 4th July 2025. The day after Jota’s death. Another BBC News notification comes in. Now-ex-Arsenal player Thomas Partey is charged five counts of rape and one count of sexual assault. 

Jota’s death was an utter shock. The news about Partey is anything but. It was the worst-kept secret in football. Everyone knew that he was under investigation for rape. In 2023, the BBC reported that two Premier League footballers continued to be selected by clubs, even “while knowing they [were] under police investigation for sexual or domestic violence.” In January 2025, the BBC subsequently reported that the Crown Prosecution Service had been given “a full evidence file about a Premier League footballer accused of rape.” 

As The Athletic reports, Partey was first arrested in 2022. Between then and being charged in July 2025, he was arrested, questioned by police and then bailed again, seven times. Seven times. All while continuing to play for Arsenal.  

Again: everyone knew that Partey was one of the players in question. Everyone knew. But no-one could say anything.  

And the juxtaposition between the news about Jota and Partey has led me to reflect on the ways in which both stories have (or have not) been reported. I’m almost loathed to mention Jota and Partey in the same breath to be honest. But then that’s the tension underlying all this, isn’t it? Who is given privacy, and who isn’t? 

One man is arrested in 2022 on suspicion of rape and sexual assault. He is afforded over three years of privacy and is permitted to continue in his high-profile, six-figure-a-week-paying job. Another is killed in a tragic accident, and, in the immediate aftermath, his family’s privacy is invaded at every turn.  

Despite Jota’s family clearly and publicly asking for privacy, the media coverage of the tragedy was deeply invasive. The Daily Mail posted pictures of his recently wed wife outside of the morgue having just identified the bodies of her husband and brother-in-law. The BBC – in one of the most tone-deaf acts of journalism I can recall – covered Jota’s funeral. They wrote: “The family has asked for the funeral to be private, but you can follow live pictures from outside the church by clicking watch live at the top of this page.”  

I promise that’s not a joke. Irony really is dead. But the real irony of all this is that this is a deep perversion of how things should be.  

I may grieve with support from other people, but this is fundamentally a deeply personal and private act, not one to be undertaken under the public gaze. Justice, on the other hand, is enacted with the help of a jury of peers and is an act of public peacekeeping and safeguarding.  

It is appropriate for one act to be undertaken privately while the other is conducted publicly. More than this, they are essential to those acts. Privacy enables grief, while publicity hinders it. I can only grieve effectively if given the time and space to do so. By contract publicity enables justice, while privacy hinders it. If justice is enacted in secret, public trust is eroded and the justice system is undermined.  

Grief is private; justice is public. And yet Jota’s friends and family have been forced to grieve with the eyes of the world on them while Partey has been afforded years of luxurious privacy under the auspices of ‘justice.’  

Real violence and harm are done to people when the appropriately private becomes inappropriately public, and vice versa. The news of Jota’s death and Partey’s charging with rape exposes the deeply flawed approach to privacy we have.  

There is no goodness in either of these stories. There are no redeeming angles or silver linings here. They are both deeply upsetting and distressing. But if the stark contrast between the ways they have been reported causes us to reflect on how they ought (or ought not) to be reported publicly, then that will be something, at least. 

Support Seen & Unseen

Since Spring 2023, our readers have enjoyed over 1,500 articles. All for free. 
This is made possible through the generosity of our amazing community of supporters.

If you enjoy Seen & Unseen, would you consider making a gift towards our work?
 
Do so by joining Behind The Seen. Alongside other benefits, you’ll receive an extra fortnightly email from me sharing my reading and reflections on the ideas that are shaping our times.

Graham Tomlin
Editor-in-Chief