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The National (Scotland)
The National (Scotland)
National
Lucy Jackson

Labour ministers question Supreme Court's gender ruling in leaked WhatsApps

LEAKED WhatsApps have shown several Labour ministers querying the Supreme Court's judgment that women are defined by biology.

On Wednesday, the UK's highest court rejected the Scottish Government’s arguments that the category of “woman” included both biological females and biological males who held a Gender Recognition Certificate (GRC). 

Lord Hodge said the decision was unanimous that the definitions of “sex” and “woman” in the Equality Act 2010 were biological definitions, siding with the campaign group For Women Scotland.

Leaked messages have now revealed Labour frontbenchers challenging the decision, with Border Security and Asylum Minister Dame Angela Eagle warning that the decision could be "catastrophic" for trans people.

Angela EagleIt is understood that Eagle has organised a meeting of Labour MPs this week to "decide a way forward".

Following this, it is understood that the MPs will then seek a meeting with the relevant equalities minister to promote the rights of trans people in light of the ruling.

In the leaked messages, first reported by the Mail on Sunday, Eagle said: "The ruling is not as catastrophic as it seems but the EHRC guidance might be and there are already signs that some public bodies are overreacting."

She added that "we have to get on with doing the stuff we said we'd do in the manifesto", which included a pledge to protect "the freedom for people to explore their sexual orientation and gender identity".

Also in the messages, Culture Minister Chris Bryant criticised Kishwer Falkner, the chair of the Equality and Human Rights Commission (EHRC), who earlier that day said that the ruling clearly meant that trans women could not use single-sex female facilities or compete in women's sports.

Chris BryantWhen an MP said that Falkner’s words were "pretty appalling", Bryant wrote: "Agreeed [sic]."

Another MP on the WhatsApp group wrote that it was "sad to see some institutions choose to ignore the Supreme Court's very strong line that trans people are protected by the Equality Act too".

Eagle replied: "They won't be feeling that way now and we need to remember that and organise."

MPs agreed with her suggestion that they should seek a meeting "ASAP with [the] relevant Equality Minister" after the Commons returns from Easter recess this week.

According to reports, Downing Street will take no action against the MPs, despite taking the position that the ruling provides "clarity and confidence" to providers of single-sex spaces such as women's refuges.

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