The UK’s first transgender judge, Victoria McCloud, has launched a case against the UK in the European Court of Human Rights, challenging the process that led to the Supreme Court’s ruling on biological sex.
McCloud, who is now a litigation strategist at W-Legal, argues that the Supreme Court undermined her Article 6 rights to a fair trial when it refused to hear representation from her and did not hear evidence from any other trans individuals or groups.
The Supreme Court ruled in April that the legal definition of a woman in the Equality Act 2010 does not include transgender women who hold gender recognition certificates (GRCs).
McCloud contends that this ruling has wide-ranging implications for service providers, public bodies, and businesses.
“The court reversed my and 8,500 other people’s sex for the whole of equality law,” McCloud said. “We are now two sexes at once. We are told we must use dangerous spaces such as male changing rooms and loos when we have female anatomy.”
McCloud’s application to the European Court of Human Rights is brought under Articles 6, 8, and 14 of the European Convention on Human Rights, which relate to the rights to respect for who she is, her family, her human existence, and her right to a fair trial without discrimination.
“No representation or evidence had been included from us in the 8,500 group,” McCloud stated. “I was refused. The court gave no reasoning.”
The Equality and Human Rights Commission (EHRC) has published an update on the practical implications of the judgment for employers and public bodies and will commence a two-week consultation for a revised code of practice.
EHRC Chief Executive John Fitzpatrick defended the use of AI to assess consultation responses, saying, “Our use of supervised AI technology alongside expert legal analysis is a responsible and widely used approach.”
Meanwhile, For Women Scotland, the gender-critical campaign group that brought the Supreme Court case, has announced it is suing the Scottish government, accusing it of refusing to abide by the judgment, particularly around schools and prison policy.
The Scottish government has stated it is awaiting the updated EHRC code.