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The Herald Scotland
27-04-2025
- Politics
- The Herald Scotland
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.' Read more: Scotland's trans community in 'anxious' wait ahead of ruling Time for NHS Fife to admit defeat in Sandie Peggie row? Swinney told to act after court rules sex means biology in law Ministers won't tell NHS Fife to settle tribunal over trans row Chapman faces removal from Holyrood role over court attack 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."
Business Mayor
23-04-2025
- Politics
- Business Mayor
The UK supreme court and the definition of a woman
On paper it does not sound like something that would spark nationwide interest. Last week the UK supreme court gave its judgment on a case brought by a women's group against the Scottish government over the Gender Representation on Public Boards (Scotland) Act 2018. But its judgment – that the word 'woman' in equality law refers only to biological sex – has upended years of legal interpretation. And the news of the ruling led to celebrations, protest and an outpouring of emotion. For some, such as the Guardian Weekly deputy editor, Isobel Montgomery, who is a trustee of the domestic violence charity Rise, the court's decision is reassuring. The Brighton charity offers women-only services based on biological sex, as well as separate LGBTQ services. This, she says, is essential for women who have been subject to male violence and only feel safe if they are in a space with other cis women. 'You are dealing with a cohort of people who are in great distress and deserve to be met where their trauma is,' she says. But for others, such as Ellie Gomersall, an activist for the Scottish Greens who campaigns for trans rights, the judgment is heartbreaking. 'I think this ruling means that, as trans people, it's now completely impossible for us to ever be able to just put our trans-ness behind us and go about our normal day-to-day lives. It's always going to be a question for us – are we going to be told: 'Actually, no, you can't come in here'?' The Guardian's Scotland correspondent, Libby Brooks, explains how the ruling came about and what it could mean. She tells Helen Pidd that some legal experts have explained that this legal ruling means organisations can exclude trans women from women-only facilities – but they're not obliged to do so. Read More Firm loses appeal over under-settlement amputation claim Yet with the head of the Equalities and Human Rights Commission saying trans people must use toilets that fit their biological sex at birth, and that changing rooms and hospital wards should use the same criteria, it marks a serious change in public life.
The Guardian
23-04-2025
- Politics
- The Guardian
The UK supreme court and the definition of a woman
On paper it does not sound like something that would spark nationwide interest. Last week the UK supreme court gave its judgment on a case brought by a women's group against the Scottish government over the Gender Representation on Public Boards (Scotland) Act 2018. But its judgment – that the word 'woman' in equality law refers only to biological sex – has upended years of legal interpretation. And the news of the ruling led to celebrations, protest and an outpouring of emotion. For some, such as the Guardian Weekly deputy editor, Isobel Montgomery, who is a trustee of the domestic violence charity Rise, the court's decision is reassuring. The Brighton charity offers women-only services based on biological sex, as well as separate LGBTQ services. This, she says, is essential for women who have been subject to male violence and only feel safe if they are in a space with other cis women. 'You are dealing with a cohort of people who are in great distress and deserve to be met where their trauma is,' she says. But for others, such as Ellie Gomersall, an activist for the Scottish Greens who campaigns for trans rights, the judgment is heartbreaking. 'I think this ruling means that, as trans people, it's now completely impossible for us to ever be able to just put our trans-ness behind us and go about our normal day-to-day lives. It's always going to be a question for us – are we going to be told: 'Actually, no, you can't come in here'?' The Guardian's Scotland correspondent, Libby Brooks, explains how the ruling came about and what it could mean. She tells Helen Pidd that some legal experts have explained that this legal ruling means organisations can exclude trans women from women-only facilities – but they're not obliged to do so. Yet with the head of the Equalities and Human Rights Commission saying trans people must use toilets that fit their biological sex at birth, and that changing rooms and hospital wards should use the same criteria, it marks a serious change in public life.
Sky News
16-04-2025
- Politics
- Sky News
Supreme Court latest: Judges rule on definition of a woman in landmark case
The key moment from the judge's ruling Watch the moment Lord Hodge announced it was the "unanimous decision" of the Supreme Court that the terms "woman" and "sex" refer to a biological woman and biological sex in the Equality Act 2010... Ruling 'absolutely' a victory for women's rights, says campaigner Some reaction now from For Women Scotland, the campaign group that brought the case against the Scottish government - which made its way from courts in Edinburgh to the highest civil court in the UK, the Supreme Court. The group's director Trina Budge has just spoken to our Scotland correspondent Connor Gillies, describing the outcome in court minutes ago as a "victory". While the judge cautioned against seeing the ruling as a win, Budge said: "This case was always about women's rights... never about trans rights." "It's absolutely a victory for women's rights," she said. Transgender people, she added, are "fully protected in law" - as the judge said. "It means there's absolute clarity in law regarding all women... and that when we see a women-only space, it means exactly that," she added. "Just women. No men. Not even if they have a gender recognition certificate." That's not a view shared by Scottish Greens activist Ellie Gomersall, who is a trans woman. As we reported at 10.26, she said it "ends 20 years of understanding" that transgender people with a gender recognition certificate are "able to be, for almost all intents and purposes, recognised legally as our true genders". In pictures: Campaigners sing Auld Lang Syne after ruling Here are some images of the celebrations by For Women Scotland campaigners in Edinburgh after news of this morning's verdict. Our Scotland correspondent Connor Gillies is among the group as they break into a rendition of Auld Lang Syne, the classic Scottish song based on a poem by Robert Burns. Ruling 'undermines vital human rights', trans activist says We can now bring you some reaction to this ruling from Scottish Greens activist Ellie Gomersall, a 25-year-old trans woman who lives in Glasgow. "I'm gutted to see this judgement from the Supreme Court, which ends 20 years of understanding that transgender people with a gender recognition certificate are able to be, for almost all intents and purposes, recognised legally as our true genders," she says. "These protections were put in place in 2004 following a ruling by the European Court of Human Rights, meaning today's ruling undermines the vital human rights of my community to dignity, safety and the right to be respected for who we are. "This ruling represents yet another attack on the rights of trans people to live our lives in peace. "With hate crimes against trans people on the rise across Britain, it's time for the UK Labour government to stop sitting on the fence when it comes to the human rights of trans people, to step up, and defend one of the most vulnerable minorities in the country." 'A very practical, common-sense decision' We've just heard from legal commentator Joshua Rozenberg reacting to the judge's remarks. "This is a way of bringing clarity to a very confused area of the law," he says. "I think it's a very practical decision. It's a very common-sense decision." Rozenberg says this decision gets round many "practical problems" that the judge outlined during his remarks. "But, as you heard, Lord Hodge went to considerable lengths to say that although this was a victory for the campaign group, it wasn't a defeat for the trans community. "He was making it very clear that their rights are protected. It doesn't mean that they can be discriminated against. They have rights under the Equalities Act." Rozenberg praises the decision for being "very clear and decisive", which he says will no doubt please those who feared today's ruling might have created "some sort of grey area". Unanimous decision greeted by cheers - but there will be disappointment for trans campaigners Speaking outside the Supreme Court, our correspondent Alice Porter hears cheers from campaigners against the Scottish government. She says the judge ruled it was a unanimous decision of the court that in the case of the 2010 Equality Act refers to biological sex - and not necessarily somebody who has a gender recognition certificate. "That was what this case rested on," she adds. "Now, this will be welcomed by For Women Scotland, but of course there will be transgender campaigners and the community who will be very disappointed by the decision today at the Supreme Court." Judge: Trans people still have protection under law In his ruling, which ended a short moment ago, Lord Hodge said: "As I shall explain later in this hand down speech, the Equality Act 2010 gives transgender people protection, not only against discrimination through the protected characteristic of gender reassignment, but also against direct discrimination, indirect discrimination and harassment in substance in their acquired gender." 'Woman' refers to biological sex, says judge It's the "unanimous decision" of this court that the terms "woman" and "sex" refer to a biological woman and biological sex in the Equality Act 2010, Lord Hodge says. "But we counsel against reading this judgment as a triumph of one or more groups in our society at the expense of another," he adds, as he prepares to set out a definitive ruling shortly. "The Equality Act 2010 gives transgender people protection not only against discrimination through the protected characteristic of gender reassignment, but also against direct discrimination, indirect discrimination and harassment in substance in their acquired gender. "This is the application of the principle of discrimination by association. "Those statutory protections are available to transgender people, whether or not they possess a gender recognition certificate." His full remarks are not over yet, but there were cheers for supporters of For Women Scotland in Edinburgh when the judge read out this part of his remarks. Judge sets out central question of today's ruling Lord Hodge is now speaking in the Supreme Court and sets out today's case. He says it's not the task of the court to make policy on how the interests of the trans community should be protected. "Our role is to ascertain the meaning of the legislation which parliament has enacted to that end," he says. "The central question on this appeal is the meaning of the terms woman and sex in the Equality Act 2010. "Do those terms refer to biologic women or biological sex? Or is a woman to be interpreted as extending to a trans woman with a gender recognition certificate?" Watch the ruling live from court now Proceedings have begun and we can now bring you live footage from inside the Supreme Court. Watch the landmark ruling live in the stream at the top of the page - and we'll bring you text updates too.
