Following the horrendous and mortifyingly scary Supreme Court judgment on the Equality Act, after a couple of days to breathe, look after and protect our trans and non-binary friends and colleagues, we are starting to talk to various colleagues to start a plan to challenge this outrageous decision.
This judgment has not only created more inconsistency, confusion, and downright removal of hard won trans rights but has landed several unintended consequences not only to the lives of trans men in particular, but actually to other key legislation where companies could with this judgment circumvent laws on equal pay for example.
As we sit on the shoulders of giants, who have paved way for our own liberty, we have to do the same for generations to come and this is an opportunity not only to strike through the ridiculous Supreme Court judgment removing trans women’s rights to be recognised as a women in all areas of life, but to legislate for third gender (non binary and intersex protections) formally and to eliminate any incongruous definitions between the Gender Recognition Act, and the Equality Act – essentially tidying up all the wording whilst not using any biological or gender critical terminology,
As we all know, the passing of the excellent policy paper “Free to be who you are” from our equality spokesperson Christine Jardine at our recent Harrogate conference gives us the means to challenge the Government, insist on clear guidance for trans and non binary people and to revise our laws to be trans and non-binary inclusive.
As many Lib Dem Voice readers, will know – as an openly non binary person, this week has been incredibly stressful and sad, seeing friends and colleagues really suffer from the judgment on Wednesday.
I understand why the party leadership has to acknowledge the Supreme Court’s decision, but it doesn’t have to endorse or accept it and be contrary to the party policy we passed so recently. I also acknowledge that we have exceptionally important local elections in two weeks, and we want to do well, but from LGBT+ Lib Dems perspective, as one of their Honorary Vice Presidents we need to see the party hierarchy recognise the anxiety and stress that this decision has had on its members and on LGBT+ folks who should be among our most natural supporters.
We thank Christine Jardine for her letter to the Government and the questions she poses – but we need love and supportive messages from the leadership to reaffirm those policy positions passed at Conference in the media too.
Those of us that can be will be on the demonstration in London at Parliament Square at 1pm today. There are other marches planned around the country. If you can’t be at one, I know many will be there in spirit but if you can share social media posts and Christine’s excellent letter to the Equalities Minister then please do so.
* Adrian Hyyrylainen-Trett is an elected member of the Federal International Relations Committee, Federal Council Member and an Hon VP of LGBT+Lib Dems
2 Comments
I share your unhappiness about the SC judgement. We have to seek new legislation to ensure that the law says what we all thought it did.
It is a decision on what the law says and not a moral judgement or a political opinion. What was wrong was the way the Equality Act was drafted, not the judges who considered the legal meaning of the act. The Head of the SC made clear that the judgement should not be seen as a victory for one side or another. Former law lord Sumpter has made a not dissimilar point.
What IS appalling is the way the Chair of the EOC has rushed in to promote her anti trans views on how the judgement is to be interpreted and the decision of the police on strip searches.
Our role as LibDems is to seek the necessary changes in the law to make sure that woman and man are not determined by ‘biological sex’. Recent conference resolutions have confirmed our commitment to equal rights. Law changes will need careful drafting (something that was clearly lacking in the 2010 Act) to ensure that women will include those born as women and those who have changed gender and similarly for men.
I hope our party and its leaders will lead the fight. I don’t believe the Labour Party will be in any rush to do anything at all. The Tories have welcomed this judgement and are beyond the pale.
I’m always astounded by how many people suddenly develop law degrees when they read a summary of a judgement they don’t like.
Was the decision of the SC one that the majority of the LD party and the LGBT+ community wanted? No.
Is it a decision consistent with the wording of the legislation? Absolutely.
The problem is with the law as it is written and the solution is to change that law. The vitriol that has come out and been directed towards the members of the SC, who are just doing their job, is shameful. They were put in a lose-lose situation because both sides interpret legislation to suit their own agendas and beliefs. If we were on the other side and the same sort of things were being said of the SC, we’d be running to defend the Justices.