By Sofia Lambis, News Investigations Editor
Bristol Students’ Union has responded to the Supreme Court’s ruling that the legal definition of a woman is based on biological sex.
On 16 April the UK Supreme Court delivered a judgement in the case of For Women Scotland v Scottish Ministers, ruling that the 2010 Equality Act's definition of sex is 'binary' and refers to biological sex.
Consequently, someone with a female Gender Recognition Certificate (GRC) ‘does not come within the definition of a ‘woman’ under the Equality Act.’ This means that although transgender women remain protected from discrimination on the grounds of gender reassignment, a protected characteristic, they are no longer protected from discrimination as women.
You can read the full judgement here.
Following the ruling, British Transport Police announced that trans people held in custody will be searched by an officer of the same biological sex, regardless of whether they have a GRC.
Equality and Human Rights Commission (EHRC) Chair Baroness Kishwer Falkner said ‘single-sex services like changing rooms must be based on biological sex’. The EHRC have issued temporary guidance on single-sex spaces and will provide updated codes of conduct to services including the NHS and prisons.
In a statement issued last Thursday, Bristol SU said they were ‘disappointed and upset’ by the ruling.
‘We recognise and stand in solidarity with our trans community. Transgender, non-binary and intersex identities are all valid, irrespective of any court ruling,’ they said.
The SU said they were liaising with the Trans, Women’s and LGTBQ+ networks and will continue ensuring their Members Code of Conduct protects trans students. Links to helplines such as Switchboard and Trans Aid Bristol were also provided.
The statement comes after the Doctor Who society wrote an open letter to the SU, asking them to outline how student groups can support trans students and to ‘clarify that transgender individuals are still protected under the code of conduct’.
You can read the SU’s full statement here.
Universities across the UK have also responded to the judgement. The University of Durham pledged to 'comply with UK law and to ensure the privacy and dignity of every member of our community', whilst Southampton SU acknowledged that students may 'be feeling afraid' and 'vulnerable' due to the ruling.
Last month the UK's first openly trans judge Victoria McCloud announced her plan to bring the government to the European Court of Human Rights over this ruling. She says the judgement left her feeling 'contained and segregated' and will seek a declaration that the ruling 'violate[s] [her] fundamental human rights'.
