Trans Judge Victoria McCloud Challenges UK Supreme Court's Ruling at ECHR

Victoria McCloud, Britain's first openly transgender judge, is taking the UK government to the European Court of Human Rights after the Supreme Court ruled that the terms 'woman' and 'sex' in the Equality Act refer to biological sex only. McCloud argues that the Supreme Court failed to hear evidence directly from trans people about the impact of its decision, thereby breaching her right to a fair trial under Article 6 of the European Convention on Human Rights. The ruling, which allows for the exclusion of transgender people from single-sex spaces when deemed 'proportionate,' has been praised by gender-critical campaigners but criticized by trans advocates for risking the exclusion of trans people from public life. McCloud, who legally transitioned and possesses a gender recognition certificate, contends the judgment creates legal inconsistencies and leaves trans people in a state of uncertainty regarding their rights. She also criticized the interim guidance from the Equality and Human Rights Commission, which restricts trans women from using women’s facilities in public spaces. The Supreme Court considered submissions from organizations like Amnesty International but did not admit interventions from trans activists themselves.