The justice secretary firmly asserted that challenging the legitimacy of the Supreme Court’s ruling on the definition of a “woman” based on biological sex is completely inappropriate. During a session with Parliament’s Human Rights Joint Committee, Shabana Mahmood emphasized that the judges at the highest court in the UK simply fulfilled their duty by providing legal clarity through their decision. Despite the decision being hailed as a win by women’s rights groups, there has been opposition from some transgender activists who argue that the ruling disregards the complexities of biology. A transgender former judge has even announced plans to appeal the decision in the European Court of Human Rights.
In its ruling, the Supreme Court outlined that the terms “woman” and “sex” in the 2010 Equality Act specifically pertain to biological women and biological sex. This determination implies that transgender women, who identify as female but are biologically male, may be excluded from women-only spaces. Notably, the court affirmed that transgender individuals are still safeguarded against discrimination under equalities legislation. The Equalities and Human Rights Commission released interim guidance in response to the ruling, stipulating that transgender women should not access women’s facilities in workplaces or public services, a restriction that applies to transgender men as well.
Addressing lawmakers a day after Dr. Victoria McCloud expressed her intention to challenge the Supreme Court ruling at the European Court of Human Rights, Justice Secretary Mahmood acknowledged the decision and guidance had generated controversy among trans rights activists. Dr. McCloud contended that the legal interpretation violated her human rights and engendered feelings of being isolated and confined. Some transgender advocates have lamented the ruling, positing that it is impractical for services to definitively determine an individual’s biology. The Supreme Court’s judgment was the culmination of a protracted legal battle initiated by For Women Scotland, advocating for sex-based protections to exclusively encompass individuals born as female.
During the session with the Human Rights Joint Committee, the justice secretary also broached the topic of the government’s stance on transgender inmates within the prison system. Mahmood defended the government’s current policy as striking the correct balance, asserting that the Supreme Court’s clarity warrants a review of the policy for potential adjustments. Notably, she underscored that since assuming office in July, she has refrained from transferring any transgender prisoners to women’s correctional facilities. Data from the prison service for 2023-24 revealed a total of 295 transgender inmates in England and Wales, with the majority housed in male prisons. Mahmood categorically stated that no transgender woman convicted of serious violent offenses who retains male genitalia would be considered for placement in women’s prisons
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