Britain's first trans judge has initiated proceedings at the European Court of Human Rights to contest the procedure that resulted in the Supreme Court's determination regarding biological sex.
Victoria McCloud, who became Britain's first transgender judge and is currently working as a litigation strategist at W-Legal, argues that the Supreme Court violated her right to fair proceedings when it declined to accept submissions from her and failed to consider testimony from transgender persons or organisations.
The challenge centres on alleged breaches of articles six, eight and 14 of the European Convention on Human Rights, which protect fair trial rights, personal and family life, and freedom from discrimination.
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In April, the UK Supreme Court determined that the Equality Act 2010's legal definition of women excludes transgender women possessing gender recognition certificates.
Britain's first trans judge has initiated proceedings at the European Court of Human Rights to contest the procedure that resulted in the Supreme Court's determination regarding biological sex
|Getty
This landmark decision emerged from litigation initiated by For Women Scotland, a gender-critical advocacy organisation, against the Scottish Government.
The ruling prompted subsequent guidance from the equality watchdog that effectively prohibits transgender individuals from accessing facilities and services corresponding to their identified gender.
The court permitted submissions from various gender-critical organisations during proceedings, including Sex Matters, LGB Alliance, The Lesbian Project and Scottish Lesbians.
However, former judge McCloud's attempt to participate in the proceedings was denied without explanation from the court.
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Former judge McCloud, who receives backing from Trans Legal Clinic and W-Legal, said: "No representation or evidence had been included from us in the 8,500 group [the estimated UK population of people with GRCs who are diagnosed as transsexual]. I was refused. The court gave no reasoning."
The ex-Judge explained that the ruling has created a situation where transgender people with GRCs now exist as "two sexes at once" under equality legislation.
Former judge McCloud said: "We are told we must use dangerous spaces such as male changing rooms and loos when we have female anatomy. If we are raped we must go to male rape crisis. We are searched by male police, to 'protect' female police from, I assume, our female anatomy."
Meanwhile, For Women Scotland has initiated legal proceedings against the Scottish government, alleging non-compliance with the Supreme Court's April decision.
The gender-critical organisation has petitioned the Court of Session for authorisation to challenge Scottish schools guidance permitting transgender pupils to access facilities matching their lived gender.
They also contest prison policies that continue permitting certain transgender women to be accommodated in female facilities following risk evaluations.
For Women Scotland and Sex Matters have condemned what they describe as "extraordinary pushback" against implementing the Supreme Court's decision.
The Scottish Government maintains it awaits updated guidance from the Equality and Human Rights Commission before making policy changes.