Womens' Rights Supreme Court Judgement In London (Image: Getty)
Prime Minister Sir Keir Starmer said a woman is an “adult female”, Sir Keir Starmer said as he welcomed the Supreme Court’s judgment on the issue. In his first public comments since the justices’ decision on April 16, the Prime Minister said he is “really pleased” with the clarity that the court’s ruling offers.
But it marked a contrast with his comments before the court ruling. Sir Keir, who has previously said “transwomen are women”, was asked to repeat that statement but instead said: “I think the Supreme Court has answered that question.” Asked if that means he does not believe a transwoman is a woman, he told ITV West Country: “A woman is an adult female, and the court has made that absolutely clear.
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Sir Keir said: "I actually welcome the judgment because I think it gives real clarity. It allows those that have got to draw up guidance to be really clear about what that guidance should say.
“So I think it’s important that we see the judgment for what it is. It’s a welcome step forward.
“It’s real clarity in an area where we did need clarity, I’m pleased it’s come about.
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“We need to move and make sure that we now ensure that all guidance is in the right place according to that judgment.”
In a long-awaited judgment, the court confirmed the terms “woman” and “sex” in the 2010 Equality Act “refer to a biological woman and biological sex”.
This means transgender women with a gender recognition certificate (GRC) can be excluded from single-sex spaces.
The issue of whether trans-women should be treated as women in all respects has been a minefield for Labour leader Sir Keir Starmer, who claimed in 2023 that “for 99.9% of women, it is completely biological . . . and of course they haven’t got a penis.” Former Labour MP Rosie Duffield resigned the party whip last year partly due to what she saw as lack of support from the leader over her support for women’s rights. She had said that “only women have a cervix” but asked if he agreed, Sir Keir said in 2021: “Well, it is something that shouldn’t be said. It is not right.”
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Equalities minister Bridget Phillipson said the ruling means transgender women should use male toilets but suggested businesses should ensure “they have appropriate provision in place” for all customers.
That could mean the wider use of unisex facilities in cafes, pubs and restaurants in order to ensure “dignity” for all people.
She told BBC Radio 4’s Today programme the court’s ruling was clear that “services should be accessed on the basis of biological sex”, meaning transwomen should usually use male toilets if there is no alternative provision.
“But I know that many businesses, large and small, will ensure that they have appropriate provision in place,” she said.
“For example, many businesses have moved towards unisex provision or separate cubicles that can be used by anyone.”
She added: “There are important questions around, for example, the use of toilets, around the use of changing facilities, but there are also profound questions that I think are even more important about, for example, hospital provision, rape crisis centres, women’s refuges, where you are talking about people often being in that provision on an accommodation basis for an extended period of time.
“And I think it is important, and welcome that the Supreme Court have put beyond doubt, that providers can make sure that is done on the basis of biological sex.”
Pushed on which toilet a transgender woman should use in a pub, she told ITV’s Good Morning Britain: “We don’t routinely police toilets and it’s for businesses, including pubs, to decide how they run their premises.
“But I would hope that that business would make sure that there is a safe and appropriate place for all people to use, including trans people, who do deserve dignity and respect, let’s be clear.”
Ms Phillipson, who is set to update MPs on the Supreme Court’s ruling, insisted there is unity within Government in welcoming the justices’ decision.
The Mail on Sunday reported that ministers Sir Chris Bryant and Dame Angela Eagle were part of a WhatsApp group expressing concerns about the impact of the ruling and the Equality and Human Rights Council’s response.
But Ms Phillipson said: “I speak for the Government on this matter and I can be crystal clear with you that we welcome the ruling.
“We will make sure that the EHRC work with us to bring forward guidance to address those areas where, through both the guidance and the statutory code of practice, providers have further clarity that is needed.”
Ms Phillipson also condemned the “completely unacceptable” scenes at protests following the Supreme Court ruling.
Seven statues around Parliament Square in Westminster were daubed with graffiti during a trans rights protest on Saturday.
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Ms Phillipson said: “What we have seen in recent days, where it comes to defacing of statues, some pretty terrible placards that have been displayed in protests around the country, it really is just completely unacceptable.
“We need to move to a situation where we can just treat one another with dignity and respect, that, yes, we maintain single-sex spaces for women, absolutely, the ruling is clear, but trans people too have a right to live their lives free of harassment, free of discrimination.
“I think that’s a pretty commonsense view that is held by the majority of the British people.”