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What is gender, really? Challenging the binary in a changing world

Sex and gender were treated as the same in the recent supreme court ruling – they aren’t. Here’s why that matters

Edward Bradley by Edward Bradley
17-07-2025 18:02
in Opinion
Reading Time: 8 mins read
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It may seem simple; however, not everyone has a basic understanding of gender. In contemporary times, much confusion arises in the distinction between gender and sex, so much so that this confusion has recently made it into common law through a recent supreme court ruling. So, what are gender and sex? And what is the difference between them?

Sex is biological and gender is social

Sex determines which reproductive organs you have, what hormones are dominant in your body, your chromosomes, and the physical characteristics of your form. There are two major sexes, male and female; however, it is worth mentioning intersex people, who may be born with atypical sexual determination , this can be for many reasons such as reproductive organs, hormones, chromosomes and physical characteristics which fall outside of typical binary categories. While sex is generally straightforward, gender can be more abstract and complex. Essentially, gender refers to our internal sense of who we are and how we see and describe ourselves. Gender includes a variety of characteristics, with social, cultural, and behavioural aspects.

Influential French feminist philosopher of the 20th century, Simone de Beauvoir asserted “one is not born, but rather becomes, a woman”, in other words it is nurture and societal expectations that cause female-ness rather than biological destiny.

Two major genders traditionally

Traditionally, in western culture, there are two major genders: men and women. A stereotypical man might be a strong breadwinner who enjoys beer, football, and wears neckties, whereas a stereotypical woman might be a timid carer who enjoys a G&T, flowers, and wears dresses. However, it is extremely important to note that all of the characteristics mentioned are not exclusive to either gender but can be an expression of gender identity. In addition, there has been a recent cultural surge of alternative genders, many of which are categorised as non-binary, which is an umbrella term to describe people who identify with characteristics corresponding to neither, both, or beyond the traditional gender binary.

The recent decision of the UK supreme court

It is the linguistic differentiation between sex and gender that has confused the supreme court and led to its recent ruling on the definition of a woman. In the ruling, the supreme court has conflated the word gender and the word sex to define “a woman” (which is socially determined) as a female (which is biologically determined or, for the purposes of complying with the ruling, assigned at birth). As a result there will be a restriction on the rights, freedoms, and privileges of those who identify and express themselves as women but are not biologically female, notably, transgender women. The ruling also fails to take account of intersex people who have been assigned one sex at birth and then had it changed later because doctors decided it was inaccurate. These restrictions will affect access to gendered spaces such as changing rooms, medical services, sports, and the armed forces.

What is intersectionality ?

Intersectionality is an analytical framework that supposes that all oppression is linked, whether one is oppressed for their class, race, ability, appearance, or gender. All these intersecting factors lead to various combinations of discrimination and privilege. For example, many black, poor, and transgender women were largely forgotten by the first and second wave feminist movements in favour of the more privileged white, wealthy, cisgender women. Generally, those who use an intersectional framework seek to flatten the social, political, and economic hierarchy inherent to oppression. Therefore, since this is a restriction on the rights, freedoms, and privileges of transgender women, we can also see it as a threat to the rights, freedoms, and privileges of all oppressed classes. Since this court ruling is a threat to the rights, freedoms, and privileges of all oppressed people, it could be classified as authoritarian, far right, or even fascist, which are all ideologies that have overseen much pain and suffering for minority groups.

Traditional views of gender

Understanding of gender has changed much over time in dialectic with individuals’ felt sense of gender identity, evolving human rights legislation and liberal democratic traditions. This is possible because gender is both an abstract and socially defined concept and an internally derived sense of identity. Depending on the individual, these definitions are not always compatible. As cultural trends and attitudes about gender shift over time – due to tensions in the body politic – the window of gender normativity shifts, this changes how people express their gender, which cyclically affects how individuals view themselves.

In the premodern era of western culture, until the late 19th century, gender was seen as an essential and hierarchical product of nature. This was reinforced by early philosophers such as Aristotle and St Thomas Aquinas, who believed women were naturally physically and mentally inferior to men and so should be subordinate in social, political, and economic spheres. This greatly influenced the Catholic Church, which would go on to spread its ideas through colonialism. This is the foundation of traditional ideas about gender. These ideas still influence the modern conception of gender, having been reinforced by capitalism through marketing, the ‘division of labour’ and how typically masculine roles are more economically rewarding.

Arguments for the rights of women

However, ideas about gender started to shift during the Enlightenment and the early-modern era. This period of time saw many philosophical trends, such as and the belief in progress and the questioning of tradition. While these philosophical trends were largely not applied to gender, they did lay the groundwork for some philosophers, such as Mary Wollstonecraft, who argued that women are not naturally inferior to men. She therefore advocated for gender equality, particularly in education, which would allow women to then flourish in the social, political, and economic spheres.

Postmodern attitudes to gender and intersectionality

In recent decades, postmodern cultural and philosophical analysis has shifted traditional attitudes to gender even more. Postmodernism questioned the foundations of gender laid out by Aristotle and Aquinas. Furthermore, postmodernists questioned the foundations of identity, language, and power. This led to the refutation of gender as a fixed biological or social identity, but rather a fluid, socially determined abstract concept. This era also saw the rise of intersectionality, which brought together many marginalised groups in recognition of their oppression and encouraged them to fight against it.

This leads us to the current metamodern movement starting in the early 21st century, which seeks to synthesise both modern and postmodern ideas in order to find a healthy medium between sincerity and irony, structure and fluidity, and progress and scepticism. Metamodernism recognises gender as socially constructed and fluid, as postmodernists do; however, it also affirms the human need for identity. While postmodernism takes a deconstructive attitude towards gender, metamodernism takes a reconstructive attitude towards gender, which can be seen in postgenderism or gender abolitionism.

Gender abolitionism

So, what is gender abolitionism? Gender abolitionism or postgenderism is a social, political, and cultural movement that seeks to challenge our traditional gender binary in favour of a mix of all the best possible gender characteristics with the aim of greater freedom of identity and expression. Gender abolitionists agree that the social construct of gender is arbitrary, restrictive, and outdated, and such is a detriment to individuals and society.

But why do gender abolitionists believe that gender can be to the detriment of society and the individual? Well, gender can be oppressive in many ways; gender, especially the traditional gender binary, can constrict us into a preordained set of characteristics which can restrict how individuals feel they can act. This restricts freedom of expression and identity cyclically, as how we act affects how we view ourselves and vice versa.

Furthermore, restriction of freedom of expression and identity can make us feel depressed, alienated, or confused, as this restriction means that we may not truly understand ourselves or others. For this reason, it can be said that gender is arbitrary as it fails at its purpose of providing an understanding and description of our identity and expression; therefore it is useless as a social tool. Moreover, in contemporary times, people generally have the understanding, means, and freedom to subvert the traditional gender binary, which is rooted in old, generally derided notions of religiosity, colonialism, and capitalism. Therefore, it can be said that traditionally held concepts of gender are outdated.

Postgenderism

So, what is the alternative to the traditional gender binary? Gender abolitionism advocates for a more three-dimensional view of gender, instead of the one-dimensional gender binary, or even a two-dimensional gender spectrum. Gender abolitionists believe in and wish to spread a three-dimensional way of arriving at gender identity and expression. This can be done by choosing which social, cultural, and behavioural characteristics one identifies with and expressing them freely beyond the traditional conception of gender. What postgenderism will look like will differ from person to person as everybody has a different idea of what characteristics are desirable. However, what they all have in common is true freedom of identity and expression, which will lead to greater happiness, community, and understanding.

Editor’s note: The author is a student of philosophy and politics who will start degree studies at Brighton in September


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Edward Bradley

Edward Bradley

I was born in Dorking have lived here for 21 years. I attended St Josephs , Ashcombe , and it was there I picked up my interest in Politics and Philosophy while studying Government and Politics, History, and English Literature at A-Level. I am doing a summer job in a pub in Dorking.while waiting to join Brighton university where I will be studying Politics, Philosophy and Ethics. I find politics and philosophy so interesting is because I see politics as the best way to effect positive widespread as well as local change and philosophy as the best way to explore the ways in which this can be done. I also have an interest in music, I completed a guitar performance diploma at the Academy of contemporary music and enjoy playing and listening to various genres, in particular punk and jazz music

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