Victoria McCloud, the UK’s first out trans judge, is taking the British government to the European Court of Human Rights over a Supreme Court ruling. The ruling stated that the legal definition of 'sex' applies only to biological women, excluding trans women. This verdict followed a lengthy legal battle and has raised concerns among human rights organizations about the implications for trans individuals in public life. Following the ruling, guidance from the Equality and Human Rights Commission suggested barring trans individuals from certain spaces, prompting further exclusionary actions from organizations.
The judgement, that was handed down in April, was the conclusion of a years long battle between gender-critical group For Women Scotland and the Scottish government in which court's justices decided the "terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex", therefore specifically excluding trans women.
Human rights and LGBTQ+ organisations and campaigners warned the ruling would see trans people pushed out of public life and society.
In the months since the ruling, the Equality and Human Rights Commission issued draft guidance to bar trans people from single-sex spaces, facilities and services which match their gender.
McCloud, who is supported by Trans Legal Clinic and W-Legal, said the application was brought under Articles 8 and 14 of the ECHR, alongside Article 6.
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