Also, the court affirmed certain protections against negative discrimination do continue to apply to trans women. There are two ways this could be read:
The first and most obvious is that trans people of gender x cannot benefit *in general* from positive discrimination in favour of gender x, but can benefit from protection against negative discrimination against gender x.
This would be the better of the two interpretations. Unfortunately …
The court’s basis for affirming this protection was existing precedent that negative discrimination is still illegal if based on a characteristic that the discriminating party perceived the discriminated party to have, whether or not that perception is correct. (Concrete [invented] example: if someone were discriminated against on the basis of a Jewish-sounding or Muslim-sounding name, but were not actually Jewish or Muslim, they could still claim religious and racial discrimination.)
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