UK’s first out trans judge to seek rehearing of Supreme Court case

The UK’s first trans judge has begun the process of bringing the UK government over the controversial Supreme Court to the European Court of Human Rights. The legal definition of “sex” applies only to “biological women.”

Victoria MacLeod, who retired in 2024 and is now a litigation strategist at W-Legal, is seeking rehearsals for the Supreme Court case, saying that the Article 6 Right to a Fair Trial under the European Convention on Human Rights (ECHR) (ECHR) was erode when the court refused to hear representatives from her or to speak to one trans person.

The decision, which took over in April, concluded the longstanding battle between women and Scotland’s gender-critical groups and the Scottish government, which excluded trans women, especially as court justice determined that “women and gender in the Equality Act 2010 refer to biological women and biological sex.”

Gender-critical, anti-trans groups and activists argued that the ruling was a victory for women, human rights and LGBTQ+ organizations, and campaigners warned that trans people would be forced out of public life and society.

For months after the ruling, the Equality and Human Rights Commission issued draft guidance to ban trans people in gender-specific single-sex spaces, facilities and services. The leaked documents suggest that the final version of the guidelines is less similar, with some organisations already taking steps to rule out trans people, including the Football Association, the Cricket Committees of England and Wales, and the Scottish Parliament buildings.

“There’s no more conversation about us without us.”

McCloud, which is supported by Trans Legal Clinic and W-Legal, said the application was filed under Articles 8 and 14 of the ECHR along with Articles 6.

She said these were “the right to respect my right to justice in matters determining who I am, my family, my human existence, my right to a fair trial in matters of determining my own freedom and obligations without discrimination.”

“The 8,500 groups did not include any representations or evidence from us. [the estimated UK population of people with GRCs who are diagnosed as transsexual]. I was rejected. The court gave no reasoning,” McLeod said. Guardian.

“The court overturned the genders of me and 8,500 others throughout the Equality Act… We are now two genders. It is said that when women’s anatomy is there, we must use dangerous spaces such as men’s changing rooms and lou. If we have to go to a male rape crisis.

A spokesman for the Trans Legal Clinic said the legal action “embodies simple truth. Without us, there could not be any more conversation.”

“At the heart lies in Article 6 of the European Convention on Human Rights, the principle of a fair and fair hearing by an independent court. The cornerstone of this democratic society exists to ensure that those affected can participate in litigation that determines their future,” the legal body states.

“Trans Legal Clinic has established a community crowdfunding campaign at www.translegalclinic.com/mccloudto.

“This initiative is intended to enable citizen members to directly contribute to the lawsuit.

In June, McCloud asked international nonprofits Genocide Watch and Lemkin Institute to review attacks on UK trans rights.

In her keynote address at Pride at the London Human Rights Forum, she said it was her “sad duty” to ask groups to stand up to “systemic oppression of the UK’s trans community.”

“We are a call for banning bathrooms in the UK, violence, abuse, intentional social exclusion, strip searches of trans women by male police, and filming us in toilets and other spaces,” she said.

The McCloud incident also means that a Scottish woman has announced she is opposed to taking legal action against the Scottish government.