Thank you to everyone who has got in touch to share concerns about the recent Supreme Court ruling on the appeal brought by For Women Scotland, and what it means for the trans community. I know this has caused a great deal of distress and concern for many.
I think it is extremely important to note the Court warned against reading this judgment “as a triumph of one or more groups in our society at the expense of another”, and I am disappointed (yet unsurprised) to see some treating it as such. I can see the hugely detrimental impact this is already having on trans people and their allies.
Until the ruling brought clarity, many of us (including in the Labour Party and the Scottish Government) believed that the legal definition of a woman included people who had transitioned. The Supreme Court has now ruled that this is interpretation was incorrect. This will, of course, have profound implications for policy, which we are only just beginning to work through.
As the Court explained, transgender people are protected by the Equality Act – not only against discrimination through the protected characteristic of gender reassignment, but also against direct discrimination, indirect discrimination and harassment in substance in their acquired gender. These protections are available to transgender people regardless of whether they possess a Gender Recognition Certificate or not.
Bridget Phillipson (Minister for Women and Equalities) confirmed this in her statement to the Commons on April 22nd, as well as restating the Government’s commitments on conversion practices and hate crime:
“I know that many trans people will be worried in the wake of the Supreme Court ruling, so I want to provide reassurance here and now that trans people will continue to be protected. We will deliver a full trans-inclusive ban on conversion practices. We will work to equalise all existing strands of hate crime, and we will review adult gender identity services, so that all trans people get the high-quality care they deserve. The laws to protect trans people from discrimination and harassment will remain in place, and trans people will still be protected on the basis of gender reassignment—a protected characteristic written into Labour’s Equality Act.”
The UK Government has acknowledged the clarity this ruling brings and emphasised its commitment to single-sex spaces. I know Ministers in both the UK and Scottish Parliaments are now carefully considering the ruling in detail. I understand the Equality and Human Rights Commission has also advised it hopes to have a new statutory code of practice ready by summer.
I appreciate this is an issue with very strongly held views on both sides of what has become an extremely polarised debate. It is essential that people in positions of authority, such as politicians, emphasise the importance of treating everybody with dignity and respect.
Real people’s lives lie at the heart of this issue and disagreements should absolutely not be exploited for political gain. Real equality depends on us upholding our shared values, such as tolerance and open-mindedness, while continuing to advocate for some of the most vulnerable in society.
In my role as a whip I am in a position to regularly feed in my views on the issues constituents raise with me, and I can assure you I will be doing so with this whenever and wherever I can.
Thank you once again for taking the time to contact me about this difficult and important subject. If there are any points in particular you would like me to raise with Ministers, I would be happy to do so.