A leading trans advocacy group has hit out at the “widespread confusion and fear” caused by the Supreme Court’s ruling that a woman is defined by biology.
The momentous judgement came after years of campaigning from gender-critical groups and has left the trans community in disarray.
Advertisement
Keir Starmer has shifted his stance on trans rights recently too. His spokesperson said on Tuesday that the PM no longer believes a trans woman is a woman – even though he said the opposite in 2022 – and said the government welcomes the judgement.
But, in a new letter to the prime minister, campaigners from TransActual challenged the government’s repeated claim that the top judges’ decision had brought “clarity” and pointed out the 14 issues the ruling has not addressed.
The letter asked: “How is ‘biological sex’ to be defined other than by certification on original birth certificates? Hormonal? Genital? Chromosomal? How will outliers in these be treated?”
Advertisement
The campaigners also looked at how women who are not trans will be impacted by the Court’s decision, particularly women with “gender non-conforming appearances or attributes”.
The group said: “In the course of early legal analysis, a number of huge risks have been identified for all LGBTQ+ people, as well as women with gender non-conforming appearance or attributes, which arise from this deviation from the clear original intentions and definitions in the Equality Act.”
It also asked: “What mechanisms will be available to correct ‘administrative’ mistakes such as the young girl recently reported as having M marked on her original birth certificate last autumn, or the woman who discovered a few years ago that she was legally male when she went to marry her long-term partner and father of their child?”
Advertisement
The campaigners then questioned single-sex issues around policing.
TransActual asked: “How will policies like that of the British Transport Police (BTP) – who announced that trans women would be strip-searched by male officers – not create a huge risk to all women?
“How will the BTP determine who is trans and who is not? What will the remedy be for those women who are not trans who end up being strip-searched by male BTP officers? What is the impact on trans people’s privacy?”
The group also looked at the issues around public places after the minister for equalities and education secretary Bridget Phillipson said people should use toilets according to their biological sex.
Advertisement
“How would access to single-sex spaces be policed?” the campaigners asked. “How would this be funded? What laws would be brought in to enforce this as, for example, the only laws around public toilets are around their provision, not who accesses them?”
It also asked: “If trans women should be barred from female single-sex spaces, and trans men be barred from female and male single-sex spaces, which facilities should trans men use, and how will you ensure trans women’s safety and dignity?”
Advertisement
TransActual head Helen Belcher concluded the letter by writing: “We hope that these urgent questions demonstrate this ruling has brought widespread confusion and fear, not clarity, and that equalities law in the UK must be immediately returned to a sound legal footing.
“There are many other questions which also arise from the judgement which will follow as legal study is done and the practical effects continue.”
When LBC presenter Nick Ferrari asked about the British Transport Police policy that male officers would now be conducting strip-searches on trans women, policing minister Diana Johnson appeared to support it.
Advertisement
She said: “My understanding from the Supreme Court judgement last week is, that it would be done on the basis of biological sex…yes, that’s the law of the land. And I support the law of the land.
“I’m very pleased we’ve got that clarity from last week as to biological sex being the basis of that.”
But Green Party co-leader Carla Denyer, later hit back at the government’s response.
She told HuffPost UK: “Sadly for women, both trans and not, many of [our] rights have been eroded in recent years.
Advertisement
“Cuts to healthcare, a rise in misogyny and transphobia, and government neglect of public services have made us all less safe and less supported.
“I’m deeply concerned that this government’s response to the recent Supreme Court ruling will entrench these problems for trans people, while doing nothing to address the real issues facing all women – making it harder for trans people to exist in public spaces, to access support, or to get healthcare.
“I am also worried that rather than standing up against a tide of hatred and fear directed against trans people, this government is giving ground to those who would see trans people pushed out of public life.”
Advertisement
