The United Kingdom Supreme Court’s “biological sex” ruling is being challenged by the U.K.’s first transgender judge, Dr. Victoria McCloud. According to Them, McCloud is claiming that the U.K. ruling “violated her rights and should be reheard.”
She also told The Guardian that she is alleging the Supreme Court violated articles 6, 8, and 14 of the European Convention on Human Rights in its ruling. The Independent reports McCloud is represented by Oscar Davies, the U.K.’s first openly nonbinary barrister, and Olivia Campbell-Cavendish, the founder and executive director of the Trans Legal Clinic and the first black trans lawyer in the U.K.
When talking to The Independent, a spokesperson for her representation from the Trans Legal Clinic says, “For the trans community, it embodies a simple truth: There must be no more conversations about us without us.”
“At its heart lies the principle in Article 6 of the European Convention on Human Rights—the right to a fair and impartial hearing by an independent tribunal. This cornerstone of democratic societies exists to guarantee that those whose rights are affected can take part in proceedings that determine their future.”
Despite opposition to the ruling, the U.K.’s ruling Labour Party defended the court’s decision, telling trans people to use facilities that match their sex assigned at birth, according to a report from Them. Transphobic celebrities like J.K. Rowling celebrated the blow to trans folks when it passed earlier this year.
Other organizations are taking action, including the Good Law Project, which confirmed filing a legal challenge in July against the U.K. Equality and Human Rights Commission’s guidance on the Supreme Court decision, which recommended that workplaces and public-facing services restrict trans people to facilities based on their “biological sex.”
Them reported that the Good Law Project challenge will receive a two-day hearing in November to determine whether it will be heard in full.
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