The UK’s first transgender judge is planning to take the Government to the European Court of Human Rights (ECHR) in the wake of the Supreme Court ruling.
Victoria McCloud quit the profession last year after claiming she could no longer do the job without politicising the judiciary.
Earlier this month, Supreme Court judges ruled the terms “woman” and “sex” in the Equality Act referred to biological sex and not to acquired gender.
The 55-year-old now intends to use the European courts to have the ruling declared unlawful.
In a separate interview with the BBC, she (sic) said: “Trans people were wholly excluded from this court case. I applied to be heard, two of us did. We were refused.
“[The court] heard no material going to the question of the proportionality and the impact on trans people. It didn’t hear evidence from us. The Supreme Court failed in my view, adequately, to think about human rights points.”
She (sic) added: “Just as the Prime Minister didn’t know what a woman was, actually the Supreme Court doesn’t know, because they haven’t defined biological sex.”
Assuming Ms McCloud files her (sic) case against the Government in the next six months, the ECHR will proceed to look at whether it is “admissible”.
Ms McCloud transitioned in the 1990s, becoming the first transgender barrister and judge in the UK. She (sic) was the youngest person to become a King’s Bench Master of the High Court at the age of 40 in 2010.
In her (sic) resignation letter last year, she (sic) said the leaking of her formerly private transgender identity eight years ago “came at a cost because I became a public figure and a target”.
“More prosaically, for me, I am now political every time I choose where to pee. Less prosaically, the judiciary, by continuing to let me be a judge, is now at risk of being political.”
Source: UK’s first trans judge takes Government to ECHR over Supreme Court ruling