The court’s interpretation contradicts the previous understanding and practical implementation of the Equality Act, and renders Gender Recognition Certificates almost meaningless.
The judgement means that transgender women would no longer be recognised in law as female, and are no longer protected from sex discrimination on the basis of being a woman.
The Equality & Human Rights Commission (EHRC), a supposedly independent public body, released a statement the day after the verdict, recommending banning trans people from the toilets of their ‘acquired gender’, and in some cases from the toilets of their ‘biological sex’.
The Supreme Court ruling and EHRC interim guidance enshrine transphobic dogwhistles into UK public policy, and encourage the segregation and exclusion of trans people from public life.
Additionally, the EHRC ruled on the composition of single-sex associations, forcing such clubs to exclude trans people from organisations set up to benefit people of their gender, such as women-only societies:
“A women-only or lesbian-only association should not admit trans women (biological men), and a men-only or gay men-only association should not admit trans men (biological women).”
The momentum from the protest organised at short notice for the Friday led to a second protest the following day, Saturday 19 April, with demonstrations continuing in Manchester and more than 20 other British towns and cities.
On both days hundreds of transgender people and allies gathered in St. Peter’s Square to listen to speeches from people affected by the judgement. On the first day, attendees marched to Sackville Gardens where more speeches took place.
The ruling came at around the same time as reports that a US-UK trade deal was contingent on the UK rolling back hate speech protections for LGBTQ+ people.
This is the latest assault on trans rights led by a hostile media and privately-funded pressure groups, following the discredited Cass review and puberty blocker ban for under-18s.
Protests have continued across Britain in the weeks since the judgement.
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Video and images: Kacy Preen
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