The court upheld an appeal by a campaign group on whether transgender women are legally women under equality legislation.<\/p>\n
Earlier this month, Britain’s top court handed down a landmark ruling that gender and sex were defined by a person’s sex at birth in the country’s anti-discrimination laws.<\/p>\n
The government has embraced the ruling and said trans women should use men’s facilities and vice versa, with Britain’s equality watchdog announcing interim guidance along the same lines.<\/p>\n
McCloud told AFP in a statement that the ruling and official response “is a serious infringement of the Convention Rights of EU and UK citizens, including in relation to sex, sexual orientation, and privacy”.<\/p>\n
“I intend firmly to re-assert my convention rights and other rights under the convention,” added the former judge, who now works as a litigation strategist.<\/p>\n
The UK Supreme Court ruling also threw into confusion the validity of gender recognition certificates, which allow trans people to gain legal recognition in their chosen gender.<\/p>\n
McCloud has a gender change certificate but according to the ruling she would be defined as a man under the Equality Act, leaving her with “two sexes at once”, she alleged.<\/p>\n
<\/p>\n
Thousands of trans rights protesters came together in central London for what was billed as an “emergency demonstration”. (Reuters: Chris J Ratcliffe)<\/p>\n
The court’s decision was a victory for gender critical activists who brought the appeal to London after losing previous cases in Scottish courts.<\/p>\n
McCloud said she and one other trans applicant were not allowed to present arguments to the Supreme Court during its hearing last year.<\/p>\n
The UK apex court hears appeals on points of law “of the greatest public importance”, and can choose to hear arguments from “interveners” at its discretion.<\/p>\n
“The court heard no members of the trans community and did not give reasons,” said McCloud.<\/p>\n
The UK’s Equality and Human Rights Commission said in interim guidance issued that trans women “should not be permitted to use the women’s facilities” including in workplaces, shops and hospitals.<\/p>\n
Instead, it suggested the use of unisex toilets for trans people.<\/p>\n
However, McCloud argues there is no easy way to determine the biological sex of a person.<\/p>\n
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