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We stand with our trans+ friends and colleagues. We are deeply concerned by the recent UK Supreme Court judgment excluding trans women from the legal definition of the word ‘woman’ in some specific legal contexts in the Equality Act 2010, particularly the interpretation of “woman” as “biological sex” in relation to single sex spaces.
This decision has significant implications for how the law is applied in contexts such as single-sex spaces and services. While trans people continue to be protected under the Equality Act from discrimination, harassment, and victimisation based on gender reassignment; this ruling narrows how legal protections for trans women may be interpreted in specific circumstances.
The Equality Act still includes legal protection for people thinking about transitioning, people who are in the process of doing so, those who have already transitioned, or for people for whom medical transition may not be part of their journey.
This judgement does not currently affect the right of trans people to change their sex marker on documents such as passports and driving licences without a Gender Recognition Certificate.
- Change your name or personal details on your passport: Gender change – GOV.UK
- Change the name or gender on your driving licence – GOV.UK
- The Gender Recognition Act 2004 – TransActual
Neither trans+ women or trans+ organisations were included in the decision-making process towards this judgement, and we are concerned that this change represents a major backwards step in ensuring that the safety, rights, freedom and dignity of trans+ people are protected.
We know from our trans+ colleagues, clients, family members and friends how challenging it is for them to live their lives in the face of significant and persistent negative public comment and media attention. Trans+ people, including gender diverse people or those who identify as non-binary, experience discrimination, social inequalities and structural oppression which result in them experiencing drug and other health harms disproportionately.
We are concerned that the ruling also is likely to disproportionately affect trans+ and cis women who are Black or people of colour, given shocking evidence of the disproportionate numbers of young female Black people or people of colour being strip searched, or others being oddly and overly policed in sports due to how their appearance is perceived and judged by white audiences.
We maintain our commitment to the LGBT Youth Scotland Charter and are reviewing our existing Equalities and Stereotyping Policies in the light of this roll back of trans+ rights to keep challenging ourselves to work to widen access, particularly for those facing oppression and stigma.
Trans rights are human rights, and trans women are women. This should never be up for debate. We will continue to stand with our trans+ colleagues, clients, family members and friends and we want you to know that you are not alone.
- LGBT Youth Scotland
- LGBT Health and Wellbeing
- EXHALE: for QTPoC people in Glasgow and Scotland
- Scottish Trans Alliance
- Gendered Intelligence
- Mermaids
- Mindline Trans + – NB currently open Friday evenings only, 8-11PM, Mindline open 24/7
- Black Trans Alliance
- Switchboard – National LGBTQIA+ Phoneline