The Good Law Project and a number of trans and intersex individuals have begun a legal challenge to the Equality and Human Rights Commission’s (EHRC) “Interim Update” following the Supreme Court ruling
BY NIC CROSARA, IMAGE BY INKDROP/CANVA
It’s been a big week for trans advocacy. On Wednesday (14 May), a cross-party group of parliamentary staff came together to issue a letter to the Speaker of the House of Commons calling for more clarity on the impact of the For Women Scotland Supreme Court ruling. Later that day, Trans+ Solidarity Alliance brought together a panel of trans+ legal experts for a parliamentary briefing that warned that the ruling could be violating the UK’s human rights obligations.
And today, non-profit organisation Good Law Project, along with a number of trans and intersex individuals, has begun a legal challenge to the EHRC’s “Interim Update“ following the ruling. The challenge against the EHRC and Bridget Phillipson, the Minister for Women and Equalities, is supported by a team of barristers, including one junior, who is trans. They have issued a formal letter under the Pre Action Protocol for Judical Review, which asks for a response in seven days.
The claimants state that the Interim Guidance – which requires toilet use based on “biological sex” – is either wrong in law or, if right, breaches the UK’s obligations under the Human Rights Act 1998. They also ask the High Court to declare the UK in breach of its human rights obligations.
Through their detailed legal analysis, the claimants explain why the EHRC’s guidance is not sustainable as a matter of law. In short, the definition of “man” and “woman” in the Equality Act 2010 does not read across to the different legislation which deals with toilets, and the normal legal meaning of those words, which include lived gender, continues to apply.
They also warn that in interpreting the Equality Act 2010, the Supreme Court ignored its obligation in section 3 to comply with the UK’s obligations under the European Convention on Human Rights.
Since the ruling, many LGBTQIA people have pointed out the erasure of intersex people and trans men. An intersex claimant has called for the Minister and EHRC to explain what spaces intersex people should use and how that stance complies with the law.
“The stark and needlessly cruel position adopted by the Government and the EHRC humiliates trans people by forcing them to use the wrong toilets and obliges them to reveal deeply personal information about their gender to complete strangers just to take a wee,” said Jolyon Maugham KC, Good Law Project’s founder and executive director. “It is deeply unkind, far removed from the national mood of mutual respect and live and let live, and is unlawful to boot.”
If you want to help Good Law Project to challenge the Supreme Court’s judgement on trans rights, you can donate to the fundraiser.
Good Law Project is a non-profit that uses the law to build a fairer future.
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