Supreme Court rulings Vs Transgender people

Photo by Ehimetalor Akhere Unuabona on Unsplash

Since the Supreme Court’s ruling back in May – you know, the one about how a “woman” is defined as the gender assigned at birth in the For Women Scotland Ltd v The Scottish Ministers case – it’s really got me thinking. So as always I’ve been doing a ton of reading and trying to wrap my head around it all.

It’s worth remembering that the court was really focused on how existing laws are interpreted, not on creating new rules. The courts actually made it clear that trans folks shouldn’t face discrimination, and they weren’t trying to define sex or gender outside of how the Equality Act works.

However, changes in the media and therefore social interactions seem to be making this change in society and the mindset of people.

Now, this isn’t just something I’m interested in because it directly affects me as a trans woman – although it definitely does! I’ve also been trying to educate myself, maybe even prepare myself, for what might come next.

My Backstory

For starters, even though I’ve been living as a woman for so many years now and all my official documents say my gender identity is female, it feels like for some people, this ruling just wipes all that away and puts me right back at the beginning!

Back in 2018, I reached out for some medical support and spent months talking with a psychotherapist. That’s still something I’m doing, and I do have a diagnosis for both gender dysphoria and body dysphoria.

Getting that diagnosis wasn’t like a lightbulb moment where I suddenly declared, “Hey, I’m a woman!”

It was more like it made me take a really serious look at my life, my present and future and more importantly, myself. I had so many deep conversations, both with myself and with my closest friends. Something I am eternally grateful for as there support has been amazing!

This lead to me cross-dressing for years before I eventually found myself presenting as female every single day.

Then, in 2020, I started going by the name, Mikki and talked to my doctors, who promised to support me both mentally and with my transition. I got referred to a gender identity clinic, but the waiting list was incredibly long.

What followed was almost four years of fighting with my doctors and the NHS. During that time, I also used a private gender clinic to get the care and medication I needed, which cost me a small fortune. It wasn’t until 2024 that my doctors finally agreed to a shared healthcare arrangement with my GIC.

Even then, I kept paying for some services and prescriptions up until mid-2024 when my GP finally started prescribing my medication and taking on my healthcare in relation to my transition. This only happened after months of appointments, assessments, and psychological support through the NHS gender clinic in my area. It was a long and challenging road!

So, that’s a little bit of my story. And now, after six years since I first started my trans journey, it feels like I’m facing another hurdle.

The Supreme Court Ruling

The Supreme Court’s ruling says that a woman is defined by her physical sex at birth. For me, this feels like it means I can no longer be seen as a woman in some contexts.

I know on a biological, cellular level, I am genetically male and always will be. But my mind, my mannerisms – everything about me is so incredibly female. Growing up, I was even bullied for being seen as “gay” or “queer” because of it and I have been called some horrendous names through my life.

The reasoning behind this ruling seems to be about keeping biological women safe in single-sex spaces, and the big thing everyone keeps bringing up is “toilets.”

Personally, when I go into a bathroom, all I want to do is pee, wash my hands, and maybe touch up my makeup. It’s really that simple.

But the first thing that pops into my head when people talk about this is, “Who on earth is going to police this?”

Are establishments going to hire bathroom monitors?

That seems unlikely since most places are already struggling with staffing. And if they did, what would they even ask for to grant access? A driving license? Photo ID? Or maybe they’d want to peek down my trousers? Honestly, neither of those is going to happen!

For one thing, I don’t even carry photo ID because it’s not a legal requirement here in the UK. And secondly, the only person who gets to see what’s under my clothes is my partner, and trust me, if you asked to see mine in front of her, she’d be the first to tell you to “get lost!” in no uncertain terms!

Trans Men

There’s also a really important flip side to this ruling. It affects trans men too! They’re now potentially not allowed to use the men’s bathroom either and might be expected to use the bathroom of their birth-assigned gender – which is the women’s bathroom.

Think about that for a second. Now, anyone might be walking into the women’s restroom, and saying they are a trans man and what’s to stop any cisgender man from walking in and simply saying they’re a transgender man?

Absolutely nothing!

So, let’s be crystal clear. If a cisgender man has harmful intentions and wants to go into the women’s toilet to commit terrible crimes like rape, putting up signs or enacting legislation isn’t going to stop them. Their intent is the problem here, not Trans women.

Now, I’m not saying that something has never happened between a trans woman and a cisgender woman in a women’s bathroom, but I’ve really struggled to find any documented instances compared to the number of crimes committed by cisgender men.

Actually, when you really dig into the data and research around this whole bathroom safety issue, it paints a very different picture than the one often presented.

For example, I was reading a really interesting research brief from the Policing Institute [https://www.policinginstitute.org/wp-content/uploads/2017/07/PF_Research-Brief_JULY-2017-FINAL-1.pdf]. They looked at a lot of the concerns being raised, and what they found was that there’s actually no evidence to suggest that transgender women pose a greater risk in women’s restrooms compared to cisgender men. The focus on trans women as potential offenders just isn’t supported by the facts.
Then, I also came across some written evidence submitted to a parliamentary committee here in the UK [committees.parliament.uk/writtenevidence/16346/html/]. This kind of information often dives deep into the statistics and expert opinions, and again, the overwhelming message is that the real safety concerns in women’s bathrooms overwhelmingly involve cisgender men committing offenses. It’s not transgender women who are the primary issue.
Please pay particular attention to the section titled toilets and the highlighted text!
There’s also a really insightful article by Julia Serano, a trans woman and author, where she breaks down a lot of the common misconceptions [https://juliaserano.medium.com/transgender-people-bathrooms-and-sexual-predators-what-the-data-say-2f31ae2a7c06].
She points out that the data consistently shows that transgender people, including trans women, are actually far more likely to be the victims of violence and harassment, including in public spaces like bathrooms, rather than the perpetrators.
So, when we’re talking about keeping women safe, the evidence really points to addressing the behavior of cisgender men, not restricting the rights and access of transgender women who are simply trying to go about their daily lives. It’s a bit frustrating because the narrative often gets twisted, and the actual data just doesn’t back up the fears being expressed about transgender women in bathrooms.

Interestingly, while I was looking into all of this, I also came across quite a few instances of women assaulting trans women in bathrooms, especially in America. It seems safety isn’t just a one-way street.

Conclusions

Now, if we’re going to be forced to use the bathroom of our biological sex, who is actually going to enforce this?

It seems much more likely that organizations will just opt for mixed-gender bathrooms as the easiest solution, which ironically could put women at greater risk than single-sex bathrooms.

How on earth are organizations going to police this anyway?

Are we now going to need a DNA test before we can use the loo, or maybe we all have to drop our trousers for a quick inspection?

I really hope the folks at Women for Scotland will be first in line for that! (A little bit of humor here!)

But honestly, the bigger issue here is forcing trans men to use women’s bathrooms. This creates a loophole where any biological male could just walk in and claim they’re a trans man. On the flip side, there will be more assaults on Trans Women in the male bathrooms!

Mark my words, this isn’t going to end well.

There’s also the whole issue of the Equality Act of 2010, which says everyone should be treated equally. Does this ruling override that, or are there some hidden conditions?

And it’s funny how men’s toilets are barely ever part of this conversation. Surely, the average person worried about this wouldn’t be thrilled about their husband potentially sharing a restroom with a trans woman either?

It makes you wonder if the real issue is about protecting spaces for women, or if it’s more about the idea that trans women (and by extension, trans men) shouldn’t exist at all. It’s strange how the focus is almost always just on trans women.

If we’re forced to use the bathroom that aligns with our genetics, it seems pretty obvious that instances of abuse against trans people will likely increase dramatically. We’ll be put in vulnerable situations.

And for those who suggest “separate bathrooms for trans people” or that we should “just use the disabled bathrooms,” that really doesn’t hold up.

Most organizations wouldn’t be able to afford to install extra bathrooms for a relatively small part of the population. Plus, disabled toilets are specifically for people with disabilities. This ruling certainly doesn’t define being transgender as a disability!

As I said this is for a very small percentage of the population, around 0.5% or 262,000 people who identify as transgender. This means the likelihood of you meeting a trans person is very low unless you live in a heavily populated area.

Ultimately, women, men, transgender, intersex, and disabled people all deserve to feel respected and safe. But with this ruling, it feels like one group has been unfairly singled out and discriminated against. Of course, some might argue that women were discriminated against before this ruling too.

As a trans woman with a pretty active social life, I can honestly say that in the six years I’ve been using women’s toilets, I have never once felt unsafe. I don’t know how much longer this will happen though as I have noticed that the way some people look at me in the past few weeks is changing, particularly from the older generation.

All my friends who’ve used the bathroom with me have never felt unsafe because I was there. They’ve actually repeatedly told me they feel safe when they’re with me in the bathroom.

All I want to do is pee or get changed, and I always do that privately in a stall or cubicle, just like everyone else.

The only time I’ve ever been harassed in a bathroom was in Cheshire about five years ago, and it was by the landlady who actually followed me into the toilets. So, it’s not always who you might expect.

Honestly, I think things might get worse before they get better, and right now, my defenses are up and I’m ready for whatever comes my way.

The lies and misinformation has already started in the mainstream media and this is only going to make matters worse and the push back from the community and supporters at large has begun already.

Help us challenge the Supreme Court’s judgment on trans rights | Good Law Project

In the workplace

On 25 April 2025, the EHRC issued a short interim statement (not formal guidance) following the Supreme Court ruling. Key points for employers include:

Confirmation that, under the Act, a “woman” is defined as a biological woman or girl (a person born female). A “man” is a biological man or boy (a person born male).
Trans status, even with a GRC, does not change a person’s sex for the purposes of the Act.
In workplaces, trans women should not use women’s facilities and trans men should not use men’s facilities. Nor should they be left without facilities to use. While the statement noted that workplaces are required to provide separate single-sex facilities, there can be circumstances where that is not necessary (in which case, appropriate gender-neutral facilities should be provided). In practice, most workplaces are configured to provide a mix of male, female, accessible and, in some cases, separate gender-neutral/mixed-sex facilities.

The statement notes that, in some circumstances, the law also allows trans women not to be permitted to use men’s facilities and trans men not to be permitted to use women’s facilities. This exemption should be approached with caution and advice taken before relying upon it.

Where toilet, washing or changing facilities are in lockable rooms (not cubicles) which are intended for the use of one person at a time, they can be used by everyone. Where possible, mixed-sex facilities should be provided in addition to single-sex facilities.
The EHRC plans to launch a public consultation in mid-May 2025 and aims to provide an updated Code of Practice to the UK government by the end of June.

The full text from Dentons.com can be found here and is an interesting read: Dentons – Supreme Court ruling on “woman” in the Equality Act 2010: 7 practical steps for employers

But what does this mean for Employers and their Trans employees or sub contractors such as myself?