Sheffield’s transgender community left “terrified” after supreme court ruling

The unanimous decision was a victory for gender critical campaigners who had challenged the inclusion of transgender women in the legal definition of women under the Equality Act 2010.

The ruling is expected to have ramifications for wider UK equality policies, with the chair of the Equality and Human Rights commission already confirming that public bodies, such as the NHS, will be expected to make changes in response to the verdict.

Simona Berry, trans business woman and founder of Sheffield-based company Beta, said of the ruling: “I am deeply concerned by this ruling and many in my trans community are terrified for the future implications to their lives and well being.

“I worry that support, compassion and respect for trans people is less than it was 20 years ago. That’s a very scary thought,” she added.

Previously, trangender people who held gender recognition certificates (GRCs) were protected under their acquired gender in the Equality Act, leading to controversy about whether trans women should be allowed in female-only spaces.

The UK Government said the ruling would bring "clarity and confidence for women and service providers such as hospitals, refuges, and sports clubs".

"Single-sex spaces are protected in law and will always be protected by this government,” a spokesman added.

The challenge was brought to the supreme court by For Women Scotland, after two failed court cases against the Scottish parliament’s 2018 decision to include trans women in quotas for women on public boards.

Criticisms have been raised over the failure to represent trans people in the case, with Victoria McCloud, a retired transgender judge, refused permission to take part in the litigation.

In a statement on social media, Olivia Blake, MP for Sheffield Hallam said: “I understand that many people are anxious about potential consequences of today’s Supreme Court ruling for the trans and non-binary community.

“Let’s be clear: trans and non-binary people have the right to access services and engage in public life without discrimination.”

In the 2021 census, just 0.8 per cent of the Sheffield population said their gender identity was different to their registered sex at birth.

Councillor for Crookes and Crosspool, Minesh Parekh, said: “In the context of the global rollback of LGBTQI+ rights being advanced by the far right, today’s Supreme Court ruling is really concerning, signalling a backwards step on the road to equality.”

Judge Lord Hodge, the deputy president of the court, reiterated that transgender people will still have protection from discrimination under the protected characteristic of gender reassignment, and under their acquired sex if discrimination is based on someone believing them to be a biological woman.

He also urged campaigners not to treat the ruling as “a triumph of one or more groups in our society at the expense of another".

Nevertheless, gender critical activists celebrated with champagne outside the court in response to the ruling, which Mrs Berry said would resonate with her for a long time.

She said: “People were shamelessly revelling in the further diminishment to the rights of one of the most marginalised, disadvantaged and discriminated groups in our society.

“They’ve just made the lives of transgender people here in the UK more difficult and more dangerous.”