First Out Trans Judge Victoria McCloud Challenges UK Supreme Court Ruling

Victoria McCloud, the United Kingdom’s first openly transgender judge, is initiating legal action against the British government by appealing to the European Court of Human Rights (ECHR). This move follows a controversial ruling from the UK Supreme Court, which concluded that the legal definition of “sex” applies only to “biological women.”

McCloud, who retired in 2024 and now serves as a litigation strategist at W-Legal, argues that her right to a fair trial under Article 6 of the ECHR was compromised. She states that the Supreme Court’s refusal to hear her perspective or consult any transgender individual during the proceedings severely undermined her rights. The Supreme Court ruling, delivered in April 2024, arose from a lengthy legal struggle between the gender-critical group For Women Scotland and the Scottish government.

The justices determined that the terms “woman” and “sex” as defined in the Equality Act 2010 refer exclusively to biological women, thereby excluding transgender women from legal protections. While groups advocating for women’s rights hailed this judgement as a victory, many human rights and LGBTQ+ organizations condemned it for potentially marginalizing transgender individuals in public life.

In the wake of the ruling, the Equality and Human Rights Commission issued draft guidelines that would restrict transgender people’s access to single-sex spaces, facilities, and services aligned with their gender identity. Leaked documents indicate that the final guidance may closely resemble the initial draft, prompting several entities, including the Football Association and the Scottish Parliament, to take steps to limit access for transgender individuals.

McCloud has announced that her application to the ECHR is based not only on Article 6 but also on Articles 8 and 14 of the ECHR, which address the rights to respect for private and family life and the prohibition of discrimination. She expressed her concern that the Supreme Court’s ruling effectively reversed her sex and the status of around 8,500 others diagnosed as transsexual in the UK.

“The court reversed my and 8,500 other people’s sex for the whole of equality law,” said McCloud, as reported by The Guardian. “We are now two sexes at once. We are told we must use dangerous spaces such as male changing rooms when we have female anatomy.”

A spokesperson for the Trans Legal Clinic highlighted the importance of McCloud’s legal action, stating, “There must be no more conversations about us, without us.” The organization emphasized that the right to a fair and impartial hearing is fundamental to democracy and essential for those whose rights are at stake.

To support her legal efforts, the Trans Legal Clinic has initiated a community crowdfunding campaign, allowing the public to contribute to the costs associated with the case. The campaign underscores the collective interest in the issues surrounding transgender rights in the UK.

In a broader context, McCloud has urged international organizations such as Genocide Watch and The Lemkin Institute to assess the ongoing challenges faced by transgender individuals in the UK. During her keynote address at the Pride In London Human Rights Forum, she described the systematic oppression of the trans community, citing instances of violence, social exclusion, and discriminatory practices by law enforcement.

As McCloud prepares for this significant legal challenge, For Women Scotland has announced its intention to pursue further legal action against the Scottish government regarding trans-inclusive policies, claiming they violate existing laws. This backdrop of ongoing legal disputes highlights the contentious nature of transgender rights in the UK and the urgent need for dialogue and reform.