Leading trans advocacy organisation, TransActual has today written to the Prime Minister, Sir Keir Starmer, to express concern in respect of last week’s Supreme Court’s ruling, which proclaimed that ‘sex was now to be defined as ‘biological sex,’ and the confusion that has brought to all equalities law.
Key points within the letter include:
- How, now, he defines “biological sex,” if not by certification on original birth certificates? Hormonal? Genital? Chromosomal? How will outliers in these be treated?
- Whether the government fully supports the proclamation by Baroness Falkner that trans women should be denied access to certain public spaces; whether he agreed that ‘lobbying for these spaces’ is a job now for trans people and not, as one might previously have assumed the Chair of the Equalities and Human Rights Commission; who should fund such spaces; how they would be policed; and how the corresponding removal of trans people’s Article 3 (freedom from degrading treatment), Article 5 (safety) and Article 8 (privacy) rights be compensated?
- What impact does he anticipate the new, and completely and offensively erroneous legal definition of a lesbian – and, by extension, gay men – will have on the protections lesbians have under the sexual orientation characteristic?
- Whether this ruling has now created a loophole allowing employers to use employment of a trans woman at a lower salary as basis for paying all women less than male employees for doing an equivalent job?
- Given Baroness Falkner has offered controversial advice, whether he will take what steps to ensure that she does not overstep the mark again; and what penalty will she face for trying to ignore trans people’s basic human rights?
- What steps is the Government going to take to ensure that the UK does not remain in breach of ECHR human rights law as determined by Goodwin vs UK 2002 – the ruling which prompted the GRA?
Commenting on this letter, TransActual’s Managing Director, Helen Belcher OBE said: “We and many others are still trying to understand the impact of the ruling and subsequent announcements. However, it looks very much like trans people have lost the basic human rights of privacy, safety, and protection from degrading treatment. Quite possibly, also, the right to a fair trial. We’re asking the government to bring clarity in practice, not extend confusion by theory.”
Further Information
For further information, or for an interview in respect of this letter, please contact jane fae via email at press@transactual.org.uk