The UK’s first transgender judge has launched a human rights case in Strasbourg after being excluded from a supreme court ruling that redefined the legal meaning of sex.
Victoria McCloud, a retired judge now working as a litigation strategist at W-Legal, is seeking a rehearing of the case, which culminated in the supreme court ruling in April that the term “woman” in the Equality Act 2010 does not include transgender women, even if they hold a Gender Recognition Certificate (GRC).
She argues the court breached her right to a fair trial by refusing to hear evidence from her or any other trans voices in April’s case, which found that the Equality Act 2010 does not recognise transgender women with gender recognition certificates as women.
Judge backed by Trans Legal Clinic
McCloud, supported by Trans Legal Clinic, says the ruling leaves thousands of trans people forced into “dangerous spaces” such as male changing rooms and undermines their basic rights.
“The court reversed my and 8,500 other people’s sex for the whole of equality law,” she said. “We are told we must use dangerous spaces such as male changing rooms and loos when we have female anatomy. If we are raped, we must go to male rape crisis. We are searched by male police, to ‘protect’ female police from, I assume, our female anatomy.”
Her challenge comes as campaign group For Women Scotland sues the Scottish government for failing to implement the judgment in schools and prisons. The equalities watchdog is expected to issue new statutory guidance this week amid mounting criticism from both sides of the debate.
The Scottish government has maintained that it is awaiting updated statutory guidance from the EHRC before revising its policies. The revised code of practice is expected to be delivered to the equalities minister, Bridget Phillipson, this week before being laid before parliament for approval.
