MPs resist Supreme Court ruling on definition of woman

Several Labour MPs have criticised a Supreme Court decision defining a woman as a “biological female” under the Equality Act, with some warning that the ruling could fuel discrimination against transgender people and create public confusion over the law.

The Supreme Court ruled earlier this year that services claiming to be single-sex spaces, such as women’s refuges, must be based on biological sex rather than gender identity.

While the judgment stated that this does not remove protections for transgender people, The Times has reported that over 50 letters sent by Labour MPs to constituents reveal ongoing resistance to the decision and doubts about upcoming guidance from the Equality and Human Rights Commission (EHRC).

Andrew Western MP, a work and pensions minister, told a constituent that he felt the case was “completely unnecessary” and added: “I appreciate the fear and distress that has resulted from it. It risks creating more uncertainty and tension in our communities when what we need is compassion and understanding.”

Josh Newbury MP wrote: “It is clear in my view that trans women are women and that trans men are men. I do not believe it is morally right for trans people to be excluded from single-sex spaces designated for their gender. The misinterpretation of, and fallout from, the ruling has wrongly brought this into question and has left many vulnerable people feeling less safe.”

Noah Law MP expressed concern that the decision “could be used as an excuse to discriminate against transgender people” and feared it would “serve as a backslide”. He added: “It is ultimately not down to any court to decide how people feel living in their own skin. It seems like obvious common courtesy to let people live in a way that makes them feel happy and safe.”

Emily Darlington MP warned that the “far right” was exploiting the issue to “sow division”, saying: “The UK is increasingly at odds with European peer countries on trans rights, and anti-trans rhetoric is gaining influence in public and policy spheres.”

However, Antonia Bance MP struck a more balanced tone, supporting single-sex spaces in some situations while calling for dignity and protection for all.

“We need clear rules to ensure that women are safe and can expect privacy and dignity when they are vulnerable,” she wrote, citing her experience in women’s prisons and domestic abuse services.

Labour Women’s Declaration said they were particularly concerned about the number of MPs and peers openly saying that trans people's rights were now under threat because of the ruling.

"This not only calls into question the legitimacy of the Supreme Court judgment which explicitly states the ruling ‘does not remove protection from trans people’, it actively fuels fear within the very community they claim to support” they said.

The EHRC is expected to issue new guidance later this year.