Trans community in 'limbo' from Supreme Court judgment
The UK's highest court ruled that references to 'sex' and 'woman' in the Equality Act 2010 relate purely to biological sex – rather than including a trans person with a Gender Recognition Certificate (GRC).
The Scottish Government has accepted the unanimous ruling, adding a review of policies would now commence, with specific consideration being given to updated guidance from the Equality and Human Rights Commission (EHRC).
That guidance is not due until this summer.
Gender critical feminists For Women Scotland celebrated the ruling, stating it offered clarity on the law.
However, Iris Duane, a transwoman, told The Herald on Sunday: 'It basically leaves hundreds – thousands – of us in limbo and that is quite disappointing.'
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She added: 'The Supreme Court ruling is making things considerably worse.
'Transgender individuals, both men and women, already feel uncomfortable using facilities for their identified sex and have done for many years. We need to remember that trans people just want to live our lives in peace.
'We're not going into bathrooms or changing rooms to be pointed at. We just want to live.'
Scotland's Census from 2022 found that 19,970 people were trans or had a trans history – 0.44% of people aged 16 and over.
During the same year, statistics revealed that hate crimes against transgender people rose 87% in the previous 12 months.
A report from the Crown Office said there were 84 charges aggravated by transphobia in 2021-22, compared with 45 the previous year.
Ms Duane said the uncertainty around the ruling could exacerbate attacks against the trans community.
'It is really disappointing, especially when we know our politicians know this an absolute risk.
'The fear is spreading across the community. We have had to wake up for many years now with headlines about how we're bad or evil so we've had to build resilience.'
She added: 'We don't know what the implications will be but they are not going to be nice. It hasn't been nice for the last few years. Quite frankly, we're used to it and we will continue to persevere day in and day out.'
Ellie Gomersall. (Image: Ellie Gomersall) Ellie Gomersall said trans people like her had been 'weaponised' as political pawns in recent years.
'I now feel significantly less safe going out and about in public as a trans person than when I first moved to Glasgow and I first came out seven years ago.
'Most of my days is the same as everyone else and then all of a sudden I'm in public and I need to use the loo. I need to weigh it up. Is it going to be safe for me?
'This is something that most people would never even have to think about – would never have to consider in their day to day life. They don't have to wonder 'if I use the loo and I going to get attacked'.
'It's not just confined to things like toilets, it's in public if someone recognises you as being trans are they going to be violent towards you?
'Hate crimes against us have risen rapidly in recent years and I myself have been physically assaulted in public and sexually harassed specifically because I'm trans and that is really scary.
"It is so dehumanising.'
Dr Rebecca Don Kennedy, chief executive of the Equality Network described the Supreme Court ruling as a 'grim leap back in time'.
She also rejected claims it was a 'win for feminism'.
'Feminism is not exclusionary, it does not require proof of womanhood, it does not require women to look any certain way,' she wrote.
The women behind For Women Scotland recently announced they will snub Holyrood's equalities and human rights committee until Scottish Green MSP Maggie Chapman is removed.
Ms Chapman faces calls to be dismissed as deputy convener after she said the Supreme Court ruling showed 'bigotry, prejudice and hatred'.
The group has said they represent the women who have advocated for access to single-sex spaces, with some losing their jobs over criticism of self-ID policies.
Susan Smith, co-director of For Women Scotland said: "We cannot see why this ruling would make anyone more inclined towards violence. These individuals have been very open about their trans status and they are no more conspicuous now than in the past."
She said Equality Network "lied to the public", stating they were never allowed to use women's facilities.
Ms Smith said transwomen were "unlawfully trespassing" on women's spaces.
"We didn't pick this fight but we refuse to be bullied out of standing our ground and protecting what women won over many years and at some cost," Ms Smith added.
"The bottom line is that this ruling has come as a blessed relief to women who have been forced to self-exclude from services for fear of meeting very obvious male individuals.
"The rights of vulnerable women matter, and they have been overlooked and dismissed code too long."
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