A number of Labour MPs, including serving ministers, have voiced opposition to a Supreme Court ruling that defined sex in equality law as referring solely to biological sex.
The ruling, delivered over three months ago, stated that transgender women are not legally considered women under the Equality Act when it comes to single-sex spaces. Following the decision, Labour leader Sir Keir Starmer said the judgment brought clarity by affirming that a woman is an adult female. He also urged public bodies to update their policies accordingly.
However, several Labour MPs have expressed disagreement, characterizing the ruling as regressive and harmful to transgender individuals.
According to reports, a minister in the Department for Work and Pensions, Andrew Western described the case as completely unnecessary in a letter to a constituent and acknowledged the fear and distress it caused.
The MP for Cannock Chase,Josh Newbury stated in correspondence that “trans women are women and trans men are men.” He argued that the ruling itself had not directly contradicted this view, but that its interpretation had created confusion and harm. Newbury added that he opposed the exclusion of trans people from single-sex spaces aligned with their gender identity.
Also, MP for Leyton and Wanstead, Calvin Bailey raised concerns, warning that not only trans individuals but also non-binary people and those who defy gender norms could face increased discrimination. He cautioned against a toxic public debate that might embolden bigotry.
Noah Law, MP for St Austell and Newquay, echoed similar sentiments, warning that the ruling risked being a backslide on trans rights. He stressed that personal identity should not be subject to legal definitions, saying: “It is, ultimately, not down to any court to decide how people feel living in their own skin.”
The backlash comes as the government moves forward with appointing Dr Mary-Ann Stephenson as chair of the Equality and Human Rights Commission. Some MPs had objected to her appointment, citing her past support for women expressing gender-critical views.
The Labour Women’s Declaration, a group advocating for sex-based rights, criticized the MPs’ responses, calling them disappointing and deeply concerning. A spokesperson said such comments undermine the legitimacy of the court ruling and fuel fear within the very community they claim to support.
The group urged the government to uphold the ruling and called on dissenting Labour MPs to respect the law.
Sir Keir Starmer’s current position marks a shift from earlier statements. In 2022, he had said he believed “trans women are women” and previously criticized former MP Rosie Duffield for asserting that only women have a cervix.
