Britain’s first transgender judge has begun the process of taking the government to the European Court of Human Rights over the Supreme Court’s ruling on biological sex.
The judgment from the Supreme Court, which ruled that trans women are not legally women under the Equalities Act, has led to warnings it would “exclude trans people wholesale from participating in UK society”. But gender critical campaigners have hailed the ruling as a victory for women.
Lawyers acting on behalf of Dr Victoria McCloud, 55, who stood down last year, filed an appeal in the ECHR arguing a breach of her rights under article six of the European Convention on Human Rights – the right to a fair and impartial hearing by an independent tribunal.
The judge claims the Supreme Court refused permission for her to intervene on how the issues would affect herself and other trans people.
Representing her is Oscar Davies, the UK’s first openly non-binary barrister and Olivia Campbell-Cavendish, the founder and executive director of the Trans Legal Clinic and the first black trans lawyer in the UK. This is the first case in history to be brought by a trans-led legal team.
“For the trans community, it embodies a simple truth: there must be no more conversations about us, without us”, a spokesperson for the Trans Legal Clinic said.
Dr McCloud came out as trans in her twenties and is one of about 8,000 people to have legally changed the sex on their birth certificate.
She sought to present evidence to the Supreme Court about how the outcome of the ruling would affect her and other trans people, and has since accused them of refusing to hear her evidence.
The Trans Legal Clinic has established a community crowdfunding campaign at www.translegalclinic.com/mccloud to help meet the costs of the case.
This is a breaking news story. More to follow…
