Latest news with #biologicalsex
Daily Mail
3 days ago
- Politics
- Daily Mail
Whitehall staff are flouting the Supreme Court ruling on biological sex 'by telling transgender women it's okay to use the female toilets'
Civil servants are flouting the Supreme Court ruling on biological sex, with some declaring it is 'completely the choice' of a man who is transitioning to choose which bathroom they use. A message sent to officials by the LGBT + network in the Department of Transport after the landmark court judgment said staff can decide themselves if they can use 'any appropriate single sex toilets and other facilities'. 'It is assumed that the individual knows which facilities are the best match for their gender identity and expression,' it added. The message, obtained using Freedom of Information requests, was sent to staff on April 22, the week after the Supreme Court ruling that men who change gender are not legally women. It says 'HR have assured us that all current guidance and policies still stand' and gives the example that a recently transitioned man may need to 'build confidence in his new gender expression' and that the bathroom they choose is 'completely his choice'. Members of LGBT+ networks in other government departments also sent messages expressing disappointment with the court ruling, including staff in the Department for Science, Innovation & Technology being told: 'While the judgment itself is outside of our hands, we want to say clearly that we're disappointed by the decision.' A message sent to officials by the LGBT + network in the Department of Transport after the landmark court judgment said staff can decide themselves if they can use 'any appropriate single sex toilets and other facilities' Elliot Keck, of the TaxPayers' Alliance, which compiled the research, said: 'The correspondence demonstrates how out of control staff networks are.' A Government spokesman said: 'Staff networks do not set policy in this space. We will update policy wherever it is necessary.' It comes as another report, by think-tank the Policy Exchange, has found that dozens of organisations question the Supreme Court's ruling on the definition of a woman. Independent MP Rosie Duffield said: 'Government ministers must lead from the top to ensure public bodies comply with the law.'
Yahoo
3 days ago
- Politics
- Yahoo
Trans ex-judge says gender ruling risks lives
The UK's only judge to ever publicly say they are transgender has told the BBC she is concerned the Supreme Court's ruling on biological sex puts lives at risk and fears "someone's going to get killed" because of it. Dr Victoria McCloud is planning to take the government to the European Court of Human Rights over the April ruling, which said a woman is defined by biological sex under equalities law. That led to the Equality and Human Rights Commission (EHRC) issuing new interim guidance to services and businesses on access to public facilities, such as toilets and changing rooms. Maya Forstater, of campaign group Sex Matters, said Dr McCloud's comments were "alarmism". Speaking to Laura Kuenssberg on Newscast, the BBC's daily news podcast, Dr McCloud said: "This incident is putting lives at risk. I can't go out to the pub now, for example. It might not be the be all and end all of life but I am a lawyer. "I've got to use the men's loos in a south London pub with a bunch of blokes who are drunk. I mean, come on. That's now government policy. Someone's going to get killed." Dr McCloud said she agreed with an argument put forward by "the gender critical ideological movement" that it is "risky" or "at least rather intimidating" to have a space designated for women, such as a changing room, that is occupied by men. "But that applies to me too," she added. Listen to the full Newscast interview on BBC Sounds "That danger is all the more if it is not going to be me and a bunch of women and one man, instead it's me - one woman - in an entirely male space in a drunk pub. "That's absolutely clearly dangerous." Ms Forstater said: "Women have already been assaulted and many, many are self-excluding because of the policy Dr McCloud endorses of allowing men to self-identify into women's toilets, showers and changing rooms. "Where's the concern for the female half of the population who need privacy, safety and dignity? "If McCloud isn't comfortable using male-only spaces, then there are usually gender-neutral options available. This is irresponsible alarmism." In the wake of the unanimous Supreme Court judgement, Equalities Minister Bridget Phillipson, speaking to BBC Radio 4's Today programme in April, stopped short of explicitly saying trans women should use the men's toilets. She said: "The ruling was clear that provisions and services should be accessed on the basis of biological sex." Pushed further for clarification on whether a trans woman should use the men's or women's toilets, she repeated: "The ruling is clear." The EHRC has already suggested trans people should use their "powers of advocacy" to campaign for so-called third spaces that are gender-neutral to avoid these sorts of dilemmas. Prime Minister Sir Keir Starmer said in April the ruling gave "much-needed clarity" for those drawing up guidance. "We need to move and make sure that we now ensure that all guidance is in the right place according to that judgement. "A woman is an adult female, and the court has made that absolutely clear." Dr McCloud moved to Ireland after leaving her job as a judge last year and says she visits the UK only on essential trips. She said she is going to challenge the Supreme Court judgement at the ECHR, arguing the court did not hear from trans people before its ruling, and therefore breached her human rights. The Supreme Court did consider arguments on trans issues from the human rights campaign group Amnesty International, but not from exclusively trans activists. People could be asked to prove biological sex under new EHRC code Five key takeaways from Supreme Court ruling
BBC News
20-05-2025
- Health
- BBC News
People could be asked to prove biological sex under new EHRC code
Sports clubs and hospitals could ask for a person's birth certificate if there is "genuine concern" about their biological sex under an updated Equality and Human Rights Commission (EHRC) code of regulator published updates to the code on Tuesday in light of a Supreme Court ruling that a woman is defined by biological sex under equalities changes include guidance that trans people can be excluded from sport "when necessary for reasons of safety or fair competition".EHRC chairwoman Baroness Kishwer Falkner said the changes, which will be subject to a six-week public consultation, were intended to satisfy a "demand for authoritative guidance" after the ruling. The EHRC, a public body which enforces the Equality Act 2010, issued a code of practice to public services and businesses on how to comply with the regulator began redrafting its code after the Supreme Court ruled in April that the terms "woman" and "sex" in the 2010 act "refer to a biological woman and biological sex".Shortly after that ruling, the EHRC published interim guidance intended to "highlight the main consequences of the judgment", including on the provision of single-sex said trans women "should not be permitted to use the women's facilities" in workplaces or public-facing services like shops and hospitals, with the same applying for trans men using men's Tuesday, the regulator published a more comprehensive update to the code and began a public consultation, which it said had been extended to six weeks, from two, due to high levels of public interest and input from a range of says people can be asked to confirm their birth sex in some circumstances if it is "necessary and proportionate" for a service provider to "know an individual's birth sex to be able to discharge their legal obligations".Any request should be made in a "sensitive way which does not cause discrimination or harassment", it commission adds that if there is "genuine concern about the accuracy of the response to a question about birth sex, then a birth certificate could be requested".As some trans people who have obtained a Gender Recognition Certificate may also have an amended birth certificate, the draft code says any further enquiries about biological sex at birth should be "made in a proportionate way which is discreet and sensitive" in the "unlikely event" they are code says: "Where obtaining information on birth sex is not necessary and proportionate, asking a trans person about their birth sex may risk unjustifiably interfering with their human rights..."Therefore, care should be taken, particularly by public authorities, that this is only done where necessary and justified."Discrimination or harassment could occur if, for example, individuals are asked about their birth sex in a way which may require them to disclose this information in public, or if the language or manner of a request is rude, combative or offensive."Elsewhere, the draft guidelines say a service provided only to women and trans women or only to men and trans men "is not a separate-sex or single-sex service" under equalities law, and could amount to unlawful sex discrimination against those of the opposite sex who are not allowed to use a statement published alongside the draft updates, Baroness Falkner said: "People with protected characteristics should never be discriminated against or harassed when using a service. "Where services are provided on a single-sex basis, that needs to be done in a way which is consistent with the law, which protects the rights of all service users and which ensures everyone is treated with respect and dignity. "It's vital that service providers know what they need to do to comply with the law, and that service users have confidence that every provider is doing so."
Daily Mail
15-05-2025
- Politics
- Daily Mail
Now JK Rowling mocks 'Pontius Pilates' Nicola Sturgeon for staying silent on trans court ruling and calls out 'shameless' Keir Starmer for failing to protect women
JK Rowling last night unleashed a wave of attacks on 'cowardly' politicians who can only 'muster the courage to tell the truth' after the Supreme Court ruled a woman is defined by biological sex. The Harry Potter author, who has become a figurehead for gender-critical campaigners, attacked Sir Keir Starmer for his embarrassing U-turn and mocked Nicola Sturgeon over her deafening silence. Sturgeon, who led the charge on the Scottish National Party 's support for gender self-ID, has been accused of hiding after she dodged attending Holyrood to hear her former party's response to the Supreme Court ruling. Amid growing calls for Sturgeon, 54, to apologise, Rowling, 59, last night shared a post referring to the former first minister as 'Pontius Pilates', mocking her gym selfie on Easter Monday. The biblical reference appears to accuse Sturgeon of shirking responsibility, much like Pontius Pilate did when he washed his hands of the decision to crucify Jesus Christ. Sturgeon, who remains an MSP but will be standing down from Holyrood next year, is yet to publicly address the ruling amid growing calls from campaigners for her to apologise. The former SNP leader has previously suggested critics of her gender policies used feminism as a 'cloak of acceptability' for misogyny, homophobia and racism. As well as targeting Sturgeon, Rowling accused Starmer of showing a lack of remorse and posted the Government headshots of 12 'shameless' politicians who have 'sided with the persecutors'. Alongside their election headshots, she posted quotes they have previously given on the trans debate, ranging from Sir Keir and others saying it is 'wrong' to say 'only women have a cervix' to insisting 'trans women are women'. JK Rowling called out several Labour politicians by posting their headshots and quotes they have previously given on the trans debate JK Rowling accused 'shameless' politicians of siding 'with the persecutors' Rowling's furious response came after Starmer yesterday U-turned on his position on gender following last week's Supreme Court ruling that made it clear that the legal definition of a woman should be based on biological sex. Despite previously saying 'trans women are women', Starmer flipflopped on his position after days of silence. Asked if the PM still believed that a trans woman was a woman, his official spokesman said: 'No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman. That is set out clearly by the court judgment.' It sparked an angry response from Rowling who labelled those who could only now 'muster the truth' as 'cowards'. Last night, Rowling posted a picture on X of Sir Keir and 11 other Labour MPs - including Foreign Secretary David Lammy and Angela Rayner - with previous quotes they have made in support of transgender women. Rowling accused them of siding 'with the persecutors' as she wrote: 'Will any of them issue an apology or admit that they made a serious error in siding with well-funded activist groups lying about what the law actually said, and which had measurable, severe impact on some of society's most vulnerable women?' The author, who has repeatedly clashed with Sir Keir on gender issues, added: 'Women have fought (and are still fighting) the single biggest land grab on their rights in my lifetime. 'Some have sacrificed their livelihoods and safety to combat a pernicious ideology that has infiltrated elite institutions, including government. 'Women have been persecuted, harassed, smeared, roughed up and forced to take employers to court for discrimination. 'They've suffered severe detriments purely for believing what the Supreme Court has ruled to be reasonable and correct: that women are a definable biological class that has specific rights under the law to which males, however they identify, are not entitled. 'Do these politicians have any shame? They sided with the persecutors, the issuers of death and rape threats, the violent men demanding access to women's and girls' protected spaces, including domestic abuse shelters, rape crisis centres and prison cells.' Rowling's front footed attack comes on the back of her being branded 'bigoted' and an 'obsessed billionaire' by Potter star Sean Biggerstaff for her transgender views. Biggerstaff showed his solidarity with the wizarding franchise's leading stars Daniel Radcliffe, Rupert Grint and Emma Watson, who have all spoken out against Rowling. He starred alongside the trio in first two Harry Potter movies - The Philosopher's Stone and the Chamber of Secrets - and returned for a brief, uncredited cameo in the Deathly Hallows: Part 2. Though distancing himself from Rowling herself and forthrightly speaking out against her, Biggerstaff remains involved with the wider Harry Potter universe and often attends fan conventions, doing so as recently as February of this year. In his diatribe against Rowling, Biggerstaff responded to her controversial post about the Supreme Court ruling, in which she raised her glass and smoked a cigar on a $150million superyacht in celebration. Biggerstaff showed his solidarity with the wizarding franchise's leading stars Daniel Radcliffe (both pictured), Rupert Grint and Emma Watson, who have all spoken out against Rowling After the billionaire author was hit by accusations she was 'smoking a blunt', she hit back on social media, clarifying that it was 'objectively, provably and demonstratively a cigar'. Responding to her post, Biggerstaff claimed she had no sense of humour about the comments, writing: 'Bigotry rots the wit.' Keir's gender journey In 2022, Keir Starmer insisted that 'trans women are women' and that it was wrong to say 'only women have a cervix'. In a newspaper interview in April 2023, he faced a backlash after claiming that 99.9 per cent of women do not have a penis - implying that one in a thousand women do. Later that year, following a backlash, he said he agreed with Tony Blair that men have a penis and women a vagina. He also told BBC Radio 5 Live in 2023: 'Firstly, a woman is an adult female, so let's clear that one up.' In April 2024 Sir Keir said Rosie Duffield - then one of his Labour MPs - was right to say 'only women have a cervix'. He told ITV: 'Biologically, she of course is right about that.' On policy, the Labour leader said in 2023 he disagreed with doomed proposals in Scotland that would have allowed 16 and 17-year-olds to apply for a gender recognition certificate. Sir Keir was asked by local media this morning to repeat his previous statement that 'transwomen are women'. Instead he replied: 'I think the Supreme Court has answered that question.' Asked if that means he does not believe a transwoman is a woman, he told ITV West Country: 'A woman is an adult female, and the court has made that absolutely clear. 'I actually welcome the judgment because I think it gives real clarity. It allows those that have got to draw up guidance to be really clear about what that guidance should say. 'So I think it's important that we see the judgment for what it is. It's a welcome step forward. 'It's real clarity in an area where we did need clarity, I'm pleased it's come about. 'We need to move and make sure that we now ensure that all guidance is in the right place according to that judgment.' Pressed afterwards whether Sir Keir still believed that a transgender woman was a woman, the PM's official spokesman said: 'No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman. 'That is set out clearly by the court judgment.' In March 2022, before entering No10, Sir Keir told The Times that 'a woman is a female adult, and in addition to that trans women are women, and that is not just my view — that is actually the law'. Equalities minister Bridget Phillipson told BBC Breakfast: 'I do welcome the clarity that the Supreme Court judgment has brought in this area, making clear that biological sex is the basis on which single-sex spaces are provided.' She said there would be more guidance for schools on gender-questioning children and 'the heart of everything we do has to be about making sure that children's wellbeing is supported, but also that school leaders in particular have the clarity and guidance that they want'. Campaigners for For Women Scotland celebrate outside the Supreme Court in London after terms 'woman' and 'sex' in the Equality Act was ruled to refer to a biological woman and biological sex She said there would be more guidance for schools on gender-questioning children and 'the heart of everything we do has to be about making sure that children's wellbeing is supported, but also that school leaders in particular have the clarity and guidance that they want'. Ms Phillipson added: 'We recognise and believe in the importance of single-sex spaces. 'Before I was a Member of Parliament I used to run a women's refuge, so I know more than most how essential it is that women, particularly those who've experienced sexual violence and male abuse, are able to have safe, therapeutic environments, and that's why there has always been protection there within the law for single-sex spaces. 'There has been some confusion. I'm glad that's been cleared up, because providers can now operate with absolute confidence in delivering single-sex spaces for biological women.' Ms Phillipson said trans women should use male toilets, but suggested that businesses should ensure 'they have appropriate provision in place', which could mean unisex facilities. What does the Supreme Court gender ruling mean? What did the Supreme Court rule? The Supreme Court ruled the terms 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex. What does it mean for single sex spaces? The court's decision will have huge consequences for how single-sex spaces and services operate across the UK, experts said. The written Supreme Court judgment gives examples including rape or domestic violence counselling, refuges, rape crisis centres, female-only hospital wards and changing rooms. The court ruled that trans women with a gender recognition certificate (GRC) can be excluded from single-sex spaces if 'proportionate'. The government said the ruling 'brings clarity and confidence, for women and service providers such as hospitals, refuges, and sports clubs'. What does it mean for employers? Employment experts say it will provide companies with greater 'clarity' over single sex spaces for their staff. Lara Brown, senior Research Fellow in the Culture and Identity Unit at Policy Exchange, said a trans woman with a GRC who is excluded from single-sex spaces cannot say she is being discriminated against as a woman. She explained: 'This ruling makes it legal for any space that wants to be single sex to exclude biological men.' Could employers still be at risk of discrimination? The Supreme Court made it clear that trans people are protected under the gender reassignment provisions in the Equality Act and will be able to bring claims if they are discriminated or harassed. Experts say a trans woman will be able to bring a sex discrimination claim if they are disadvantaged because they are perceived to be a woman or because they associate with a woman. Rob McKellar, legal services director at Peninsula, said failure to be an inclusive workplace, regardless of any protected characteristics, could result in a discrimination claim. What does the ruling mean for competitive sports? In recent years, many sports have cracked down on rules around transgender athletes at the elite level. Athletics, cycling and aquatics are among those who have banned trans women from taking part in women's events. The UK government said it hopes the decision will provide clarity for sports clubs. Although the ruling did not concern sport directly, former Olympian Sharron Davies welcomed the decision, saying it was important to 'define what a woman is'. Could a pregnant woman with a GRC be entitled to maternity leave? Experts said that the ruling that only women can become pregnant shows a trans man (biological woman) would be able to take maternity leave, while a trans woman (biological man) would not. Jo Moseley, an employment law specialist at national law firm Irwin Mitchell, said: 'The Supreme Court acknowledged that only women can become pregnant. Therefore a trans man (a biological woman who identifies as a man) can take maternity leave. 'Had the court reached a different decision, it's possible that trans men with a GRC wouldn't have been entitled to protection in relation to pregnancy under the characteristics of 'pregnancy or maternity'.'
The Independent
13-05-2025
- Politics
- The Independent
Passports cannot be used to check biological sex says peer as Lords stands off with Government
The House of Lords continues to stand off with the Government in light of the recent Supreme Court ruling on the definition of a woman, with one peer arguing that passports can no longer be relied upon to verify someone's sex. On Monday, peers voted on measures to demand public authorities record sex data based on biological sex. An amendment to the Data (Use and Access) Bill was backed by 200 to 183, majority 17, a Tory change which aims to ensure collection of relevant information is based on 'sex at birth', 'natal sex' or 'biological sex'. The Labour defeat came after a similar amendment was rejected by MPs and means a continuation of the tussle at Westminster, known as parliamentary ping-pong, where legislation is batted between the two Houses until agreement is reached. Last month, top judges unanimously ruled the terms 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex. Speaking in Parliament, science minister Lord Vallance of Balham said: 'Let me be clear that this Government accept the recent Supreme Court judgment on the definition of sex for the purposes of equality legislation. 'We need to work through the effects of this ruling holistically and with care, sensitivity and – dare I say it – kindness. In line with the law, we need to take care not to inappropriately extend its reach.' He pointed out the Supreme Court's ruling related specifically to the meaning of sex in equalities legislation. Lord Vallance added: 'This Government are clear that data must be accurate for the purpose for which it is being used and must not be misleading. 'It should be clear to digital verification services what the information public authorities are sharing with them means. 'I will give an important example. If an organisation needs to know a person's biological sex, this Government are clear that a check cannot be made against passport data, as it does not capture biological sex. 'DVS could only verify biological sex using data that records that attribute specifically, not data that records sex or gender more widely.' But his Conservative frontbench counterpart Viscount Camrose said: 'It is now very clear that we need accurate sex data recorded for a whole host of reasons, including for medical research and the protection of same-sex spaces. 'There is no reason why gender may not also be recorded in a separate field, and it is important that gender data is accurate too.' Tory peer and former MP Lord Arbuthnot of Edrom also stressed the need for accurate data. He said: 'In the absence of any reliable document, how is a care home to ensure that a person who is to provide intimate care for an elderly woman, who has understandably demanded that such care be provided by a woman, will actually be provided by a woman? 'In the absence of anything else, I suspect a care home will have to fall back on the passport, which, as we have all agreed, is unreliable.' Retired top judge Baroness Butler-Sloss said: 'If we are to have data, the data must be accurate.' Non-affiliated peer Baroness Fox of Buckley said: 'The minister called on us to have kindness. Of course, we should all have kindness all the time, in every instance. However, nobody here is trying to be unkind. The intent is to clarify.' The Government went on to suffer a further setback as the Lords supported by 289 to 168 votes, majority 121, extra safeguards against people's data being harvested by AI companies without consent. Independent crossbencher Viscount Colville of Culross said: 'This amendment is a push-back against the way the AI companies have been abusing the use of people's data in training their AI models.' He argued the Bill as drafted gave 'a powerful exemption' which allowed AI companies to reuse data without consent if they could show their work aligned with the definition of 'scientific research' set out in the legislation. Lord Colville added: 'I fear that this definition is so widely drawn that it will allow AI models to reuse data without consent, claiming that they are carrying out scientific research when in fact they are using it for product development and their own profit.' But Lord Vallance earlier told peers: 'The Bill contains strong safeguards. 'Adding precise definitions in the Bill would not strengthen these protections but impose a significant, new legal obligation on our research community at a time when, in line with the good work of the previous government, we are trying to reduce bureaucracy for researchers, not increase it with new processes.'
