19-05-2025
Labour may cancel women's conference over trans ruling chaos
The Supreme Court ruling that sex in equality law refers to biological sex is said to have prompted chaos within the party, with several members of the NEC and LGBT groups within the party openly criticising it.
In contrast, the Government will respect the judgment and it is understood that the party has vowed to comply with the statutory guidance when published.
Rosie Duffield, who sits as an independent MP after quitting Labour following years of criticism over her views on gender, said she was 'outraged' but 'not surprised' the party was recommending cancelling the women's conference.
'This shows that absolutely nothing has changed in the Labour party,' she said. 'It is fully immersed in the culture of self-identification and intent on pushing through trans rights over women's rights.'
The NEC documents set out the party's 'initial legal analysis' of April's judgment and the impact it has on 'sex-based rights and protections' in equality laws 'including the option for organisations to implement positive action provisions related to biological sex only'.
'Existing positive action'
Positive action refers to legal steps taken to address the under-representation of certain groups – such as women-only shortlists for boards – which was the issue at the centre of the Supreme Court case.
The NEC advice notes that there will be 'significant scrutiny' on how Labour responds to the judgment and the party could face legal action if it gets it wrong.
Positive action measures run by the party include only having women on the National Labour Party Women's Committee and women-only shortlists.
The advice notes: 'Historically, these provisions have often operated on the basis of self-identification.
'Given the judgment has now clarified that references to women in the [Equality] Act relate to biological sex at birth, these existing positive action provisions can now only be lawfully applied on the basis of biological sex at birth.
'To do otherwise would expose the party to significant risk of direct and indirect discrimination claims succeeding.'
'Significant risk'
It notes that the NEC 'urgently' needs to make a decision on the National Women's Conference 2025, due to be held a day before the main party conference in September.
'National Women's Conference constitutes a positive action measure, and following the judgment there is a significant risk of legal challenge to the event as it currently operates.
'In addition to the legal risk, we can anticipate that due to the visibility of the event and the proximity to the judgment, there may be protests, direct action and heightened security risks to staff and attendees should the event go ahead.
'This would also represent a political risk which would be likely to feature prominently throughout conference week.'
It concludes: 'In light of the legal and political risks described above, it is recommended that the NEC AGREES to postpone National Women's Conference 2025 pending the wider review of positive action measures.'
It also notes that the judgment 'confirms' it is 'unlawful' to operate all women shortlists and if trans women are included on them 'a man who is excluded from the shortlist could successfully claim for direct sex discrimination'.
The NEC is advised to agree that 'pending a wider review, all positive action measures relating to women in the party's rules and procedures shall be interpreted on the basis of biological sex at birth'.
A separate option would be to 'suspend all positive action measures relating to women' but the document notes this is 'not our recommended option as we are of the view that it would be a disproportionate response'.
