UK's First Transgender Judge Challenges Supreme Court Ruling on Biological Sex

The UK's first transgender judge has launched a case against the UK in the European Court of Human Rights, challenging the process that led to the Supreme Court's ruling on biological sex.

- Libby Brooks

Retired judge Victoria McCloud, who is now a litigation strategist at W-Legal, is seeking a rehearing of the case, arguing that the Supreme Court undermined her Article 6 rights to a fair trial when it refused to hear representation from her and did not hear evidence from any other trans individuals or groups.

The move comes as For Women Scotland, the gender-critical campaign group that brought the Supreme Court case, announced it was suing the Scottish government, accusing it of refusing to abide by April's judgment, in particular around schools and prison policy.

The UK Supreme Court ruled in April that the legal definition of a woman in the Equality Act 2010 did not include transgender women who hold gender recognition certificates (GRCs). Subsequent guidance from the equality watchdog amounted to a blanket ban on trans people using toilets and other services of the gender they identify as, campaigners have warned.

Last year, McCloud sought leave to join the litigation in the Supreme Court case brought by For Women Scotland against the Scottish government, arguing it could significantly affect legal protections for transgender women with GRCs, but was rejected.