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. 

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Article
America
Culture
Politics
3 min read

God goes public: the inauguration and the return of faith-talk

This Inauguration Day, Jack Chisnall explains why the 'Church and State' separation just can't hold.
The 47th President of the United States of America

Inauguration Day. Donald Trump again makes an oath to defend and uphold, as best he can, the Constitution of the United States. It has always been a fairly swift-moving bit of public pomp - swift compared to coronations at any rate, which typically take hours just to put a crown on a royal head. The Presidential inauguration can take as little as six minutes, and viewers get more bang for their buck: the President is confirmed not only as the head of the ruling government, but the representational head of state too.

It’s all a good lesson in the ‘separation of Church and State’ some will opine. Forget the medieval-sounding solemnities and pageantry, and Archbishops intoning things over altars. Here, a man in a suit enters a civic covenant with the people who have democratically elected him. Before President Jackson’s escort was swamped by 20,000 spectators in 1829 and security protocol had to cordon off spectators, the first inaugurations had a humble, almost mundane aspect: the new president would go about to shake hands with citizens who had popped along to see the ceremony, and to wish the new guy “good luck”. Sources show that Abraham Lincoln shook over 5,000 hands when he was inaugurated for a second time in 1865.

But such well-worn narratives - of humankind progressing from strange, religious druidry to sane, reasonable democracy - are looking creakier than ever, in 2025. Such views were all the rage in the 20th century. But the West is having a fundamental rethink about what exactly it would mean for humans to ‘de-anchor’ themselves from a religious way of being. We have learnt by now - the hard way - that we merely swap one form of worship for another in supposedly ‘irreligious’ societies.

In the first place, the ‘separation of church and state’ history is not as simple as all that. While it’s true that the First Amendment of the U.S. Constitution did not establish a church on the national level, as in England, there were plenty established at the state level just fine. Connecticut was Congregationalist until as late as 1818 - residents paid taxes to, and were educated by, the church. There was nothing in the law to prevent it.

But it is the inauguration itself which reveals that religious instincts cannot be extracted so easily from human affairs. For George Washington, the first President to be inaugurated back in New York City in 1779, the rather last-minute idea was that he should swear on a Bible. None being found to hand, they borrowed one - from a nearby Masonic Lodge. It was fitting. The Founding Fathers certainly tweaked and trimmed the traditional religions they were raised in - but they could not dispense with them. Even the word, ‘inaugurate’, is snagged on a religious root. ‘Augury’ was the practice of discerning the will of the Gods in Ancient Roman political cult.

Christian imagery and sentiment has, over time, returned to irrigate the dry, rationalistic plains of U.S. civic ceremonial. Certainly the likes of Washington and Jefferson saw their country under the auspices of a Supreme Being, just not necessarily aligned with one of the world’s faiths. But for the George Bush inauguration of 1989, the evangelical tone was explicit. Billy Graham began things with an invocation, and the new President ordered a national day of prayer to follow, in thanksgiving for a successful transfer of power. There will be quite an obvious development of this during Trump’s 2025 inauguration, when Franklin Graham, the son of the famed evangelist, will lead the invocation prayer alongside Catholic Cardinal Timothy Dolan.

There is, perhaps, no getting around the human need to call on something larger than ourselves in our most meaningful moments - when we pledge to love someone for the rest of our lives, or swear our commitment to rule justly. The inauguration has been a good indicator of this, in the way that it has increasingly reached for an older, outright Christian language in which to express the profoundest longings and ambitions of a nation. God, it turns out, never quite leaves the frame.