UK’s First Transgender Judge Takes Case to European Court Over Sex Definition Ruling
The UK’s first transgender judge, Victoria McCloud, has launched a legal challenge against the UK in the European Court of Human Rights, arguing that her rights were undermined in a landmark case on the legal meaning of biological sex.
McCloud, who retired from the judiciary and now works as a litigation strategist at W-Legal, is contesting the process that led to the UK Supreme Court’s April 2025 ruling. That judgment concluded that the definition of “woman” under the Equality Act 2010 does not extend to transgender women, even those who hold a Gender Recognition Certificate (GRC).
The ruling has major implications for transgender rights across Britain, shaping policies in schools, prisons, public services, and private businesses.
Why McCloud is Challenging the Case
McCloud says the UK’s highest court denied her a fair hearing by refusing her request to join the case and by declining to hear evidence from transgender people or organisations representing them.
“No voices from our community were included,” she explained. “I represent one of around 8,500 people in the UK with a GRC who are legally recognised as transsexual. Yet our perspective was completely absent. The court simply dismissed my application without explanation.”
She argues that the decision violated her rights under Articles 6, 8, and 14 of the European Convention on Human Rights – covering the right to a fair trial, respect for private life, and protection from discrimination.
McCloud expressed deep concern about the ruling’s consequences:
Trans women with female anatomy may now be forced to use male changing rooms or toilets.
If victims of sexual assault, they could be directed to male crisis services.
They risk being searched by male police officers, even though they are legally recognised as women.
“The court effectively rewrote the legal sex of thousands of us,” she said. “We are told to exist in two categories at once – but that strips us of safety and dignity.”
Wider Legal and Political Fallout
The gender-critical group For Women Scotland, which brought the original case, has also stepped up its legal action. It is suing the Scottish government, accusing ministers of failing to implement the Supreme Court’s ruling. The group is specifically targeting school guidance that allows trans pupils to use toilets and changing rooms in line with their lived gender, as well as prison policies that can still place some trans women in female prisons based on risk assessments.
Other campaign groups, including Sex Matters and the LGB Alliance, have also pressured the Scottish government to comply more quickly, accusing it of “extraordinary resistance” to the ruling.
The Scottish government has said it is waiting for an updated code of practice from the Equality and Human Rights Commission (EHRC) before making changes. That code, expected to be presented to Equalities Minister Bridget Phillipson shortly, will then go before Parliament for 40 days of scrutiny.
EHRC Under Pressure
The EHRC has faced sharp criticism from charities and service providers for running what they see as an overly brief consultation on the new guidance.
In response, EHRC chief executive John Fitzpatrick defended the process in a recent blog post, pushing back against accusations of delay. He also addressed concerns about the watchdog’s use of artificial intelligence in analysing consultation responses.
“Our supervised AI system is used alongside expert legal analysis,” Fitzpatrick wrote. “It is a responsible and widely adopted approach that allows us to carefully consider every response while still producing the urgent guidance that public bodies need."
What Happens Next
If the European Court of Human Rights rules in McCloud’s favour, it could force the UK to revisit how the Equality Act defines sex and how transgender people with GRCs are recognised under the law.
For now, the debate over the balance between sex-based rights and transgender rights shows no signs of easing. With new legal battles on the horizon in both Scotland and Strasbourg, the clash over definitions of womanhood – and what they mean for everyday life – is set to intensify.
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