“Catastrophic” potential as ‘Brit Card’ Digital IDs could out Trans+ people, campaigners warn

Read more at We Are Queer AF.

New digital IDs in the UK could be “catastrophic” for Trans+ people, who could be forced to out themselves when showing their ID – even if they don’t include a sex marker on them.

Keir Starmer announced the new scheme at a gathering of centre-left parties at the Global Progress Action conference. He said the move was designed to ‘crack down’ on people who don’t have the right to work in the UK getting jobs.

If the UK implements these IDs, it would join countries including Bosnia and Herzegovina, United Arab Emirates, China, Greece, France and Afghanistan.

However, within just hours of the announcement, he faced massive opposition to his ‘Brit Card’ system, with over a million people signing a parliamentary petition not to proceed. While we were monitoring the form, it was rising by around 200-300 new signatures every ten seconds.

The mock-ups shared do not include a sex marker, and only require name, date of birth, nationality or residency status, and a photo. So far, Ministers have stressed there will never be a reason to carry IDs around or to produce them other than for work.

Implications of mandatory ID for LGBTQIA+ people

Keyne Walker, TransActual strategy director, tells QueerAF that even before the plans were announced anti-trans groups have already been lobbying ministers, civil servants and right-wing parliamentarians “to ensure that the single governmental record held lists trans people as their ‘birth sex'”. 

Walker believes this scheme could easily be weaponised and hijacked by MPs who are already trying to push anti-trans policies through Parliament. “It could provide the answer to the fundamental unworkability of bathroom bans… you don’t need to ask people to show their birth certificate if instead they have to scan an ID card to take a pee.”  

Trans legal researcher, Jess O’Thomson, warns that the policy could have a “catastrophic” potential even just with the risk that it outs Trans+ people who haven’t yet got the legal recognition they need ahead of applying for a job:

“We know that anti-trans campaigning groups are looking for any opportunity to strip back trans people’s rights even further. I have no doubt that these groups will push for digital ID to record “biological sex”, forcibly outing trans people, and pushing them further out of public life.

“The real worry is that our government might go along with them, or else an amendment to the legislation could be forced through. These IDs could be catastrophic for the queer community.”

The UK’s history of ID cards

The UK hasn’t had a nationwide mandatory ID scheme since WWII, which ended after Lord Chief Justice Goddard said in a high court that the continuation of the wartime ID card scheme was an “annoyance” to much of the public and “tended to turn law-abiding subjects into law breakers”. Winston Churchill’s government scrapped them following the ruling and wider criticism over costs and police misuse – BBC

In more recent years, Tony Blair’s Labour government legislated for voluntary ID cards in the early 2000s, but the scheme was scrapped in 2011 by the Conservative-led coalition, which argued it was too costly and intrusive.

Analysis: Lists of queer people are incredibly vulnerable to being weaponised against us

“It is a big red flag when authoritarian governments that keep talking about putting people in camps start making lists of queer people,” Keyne Walker from Trans Actual remarked to QueerAF.

That, of course, is a big-picture view of this story – and we should be careful to see the news in its context at this stage, given there are scarce details on the scheme.

But the warnings from legal and privacy campaigners come amid a wider slide into authoritarian policies the UK has been adopting in recent years, including plans to make it possible to criminalise wearing a mask at Pride events.

Indeed, from reporting on queer news for the best part of a decade now, I know well that the privacy concerns about the danger lists of queer people can create, which we’re already hearing from campaigners are far from new. 

Privacy campaigner and founding member of QueerAF Kyle Taylor, says on the surface, digital ID cards may seem innocuous enough – but you need only look to history to see how easily marginalised groups become victims of state-sponsored discrimination or violence:

“The last thing you want is for the government to know who you are and where you are when they decide to, for example, make conversion therapy mandatory. Make no mistake, privacy is power and this puts everyone at risk. Especially our community.”

There has always been a present danger of bad actors weaponising central lists; it’s one of the reasons the Covid Track and Trace app was eventually decentralised amid opposition to how it could create a list of disabled people.

This is a development we should watch carefully, especially amid a growing focus and battleground on the right to privacy amid potential segregation of Trans+ people in public life.

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Children given ‘discriminatory and offensive’ anti-LGBTQ+ leaflets while trick or treating

Read more at Pink News.

As first reported by Manchester Evening News, at least two children were given leaflets that featured the logo of Grace Fellowship Manchester, a group “dedicated to Biblical Christianity” and based at St Stephen’s Church in the town of Middleton, which is five miles northeast of Manchester. Its website shows that it appears to be linked to Grace Community Church in San Antonio, Texas.

The one leaflet, a photograph of which was shared by a parent on social media, was headlined “ARE YOU A GOOD PERSON?”

Underneath the header was a graphic of a mobile phone with a mimic text exchange.

“Hey, I’ve got a question for you. Are you a good person?” the first mock text message reads.

“YES! I’m good! Not perfect… but I’ve never done anything that bad!” the reply reads.

In response, the next text states: “The Bible says; Do not be deceived: neither the sexually immoral, nor idolaters, nor adulterers, nor homosexuals, nor thieves, nor the greedy, nor drunkards, nor revilers, no swindlers will inherit the Kingdom of God.”

“Is that really in the Bible?”

“Yes!” the text confirms. “It’s 1 Corinthians 6:9-10. But keep reading to find out how you can be forgiven and have eternal life.”

Surrounding the text exchange were the words including “Homosexuals”, “Drunkards”, “Idolators” and “Swindlers”.

“God designed marriage to be between one man and one woman”

Another leaflet including the statements: “God designed marriage to be between one man and one woman. And anyone who indulges in sex outside of marriage…. no such person will inherit the Kingdom of God. BE NOT DECEIVED!

“God isn’t being cruel in warning us. He shows us we’re in trouble so that we’ll realise how desperately we need his help to fix us.”

In Grace Fellowship Manchester’s Statement of Faith – which lists several pages of scripture from the Bible – whilst there are verses from Corinthians included, there is no direct citation from Corinthians 6:9-10.

The church says that its Statement of Faith was “written by the elders” of Grace Community Church in San Antonio, Texas, which does cite Corinthians 6:9-10 in its own Statement of Faith. A slightly differently worded version reads: “Or do you not know that the unrighteous will not inherit the kingdom of God? Do not be deceived: neither the sexually immoral, nor idolaters, nor adulterers, nor men who practice homosexuality, 10 nor thieves, nor the greedy, nor drunkards, nor revilers, nor swindlers will inherit the kingdom of God.”

Grace Community Church’s views on LGBTQ+ issues are not particularly inclusive, stating that God only created male and female, “God intends for sexual intimacy to occur only between a man and a woman who are so married to one another” and the “only acceptable alternative to marriage between one man and one woman is the faithful single life of celibacy”.

“Discriminatory and offensive”

Speaking to the Reach PLC outlet, mum Victoria Loop said she was “angry” with the content of the leaflets, saying it is “just not appropriate for young children”.

” I am not against people expressing their opinions for the most part but when it becomes discriminatory and offensive it is just wrong,” Loop said.

“There were other leaflets amongst the other children’s treats however they were more appropriately worded and not on this level. My views on the matter is that there was quite some degree of misjudgement when deciding to include this particular leaflet in treats to young children.

She added: “I have many friends and family that this would hurt very deeply and I am angry on their behalf as much as for my daughter having to ask questions as why some people haven’t yet got the message in this age that homophobia, no matter how benign this may seem to some, is not acceptable. Let alone giving this opinion to children with no consideration of their innocence or family circumstance.

“I am aware that this may be an unpopular stance from many different religious groups, however the method of delivery of their rhetoric and beliefs in this case needs questioning and scrutinising. We have age restrictions on many things such as films and television and restrictions on products and publications for the protection of children.”

“Blatantly homophobic literature”

Local councillor Dylan Williams, who is a gay man that attends church, criticised the leaflets for both their homophobic and sexually explicit content.

“I believe most Christians will be upset by this blatantly homophobic literature and would condemn it. I am also concerned that people think it acceptable to give literature on it with adult words and sexually explicit language to Children as young as six,” Williams told Manchester Evening News.

“Homophobia seems to be becoming more and more prevalent leading some members of the community to feel unsafe and this is and should not be acceptable in our society. We must say no to hate.”

PinkNews has approached Grace Fellowship Manchester for comment.

‘Where am I safe?’: U.K. court ruling leaves trans people’s lives in turmoil

Read more at NBC News.

Nate Rae had always felt secure living openly since coming out as a transgender man in his late 20s — until a recent U.K. Supreme Court ruling on the legal definition of biological sex changed everything.

Now, Rae — a PhD student and science communicator who grew up in a small Scottish town before moving to London — says he finds himself constantly weighing risks and assessing where it is safe — or unsafe — for him to be.

In April, the court affirmed that under equality laws, the term “sex” refers to biological sex, meaning a transgender woman is legally considered male, and a transgender man is considered female.

Equality watchdog EHRC stated in its interim guidance on the ruling’s practical implications that transgender people should be barred from facilities and services, from toilets to hospital wards and refuges, designed for the gender they live as.

“It’s almost like it’s been made legal to harass trans people,” Rae, 33, told Reuters in an interview at Gay’s The Word, Britain’s oldest LGBTQ bookshop, saying he was now “hyper aware” of people noticing him.

“I’ve got to factor in things that I’d never had to factor in before,” he said. “Where can I go? Where am I safe?”

Transgender rights flashpoint

Rae, who only started to medically transition last year, often uses the women’s bathroom as he feels he is still largely perceived as female.

Since the ruling, Rae has been told several times that he cannot use a certain bathroom and has been called “disgusting” when using a female toilet. On one occasion, someone approached him to ask: “Do you know there are kids here?”

Transgender rights have become a political flashpoint in Britain and elsewhere. In the U.S., President Donald Trump has targeted the rights of transgender people in a series of executive orders.

Some critics of the policies say the conservative right has weaponized identity politics to attack minority groups.

But others argue that support for transgender people has infringed on the rights of biological women and their safety in spaces such as hospitals, prisons and domestic violence refuges.

Britain’s government said the judgement brought clarity and a clear position to underpin gender policies, but for many transgender people, including Rae, it has left them feeling excluded from parts of society.

A report released in August by transgender rights group TransActual highlighted how, since the ruling, some trans people have planned to leave the country, concealed their identities, avoided public spaces like hospitals, felt outed at work, or have withdrawn from social life altogether.

Asked about the detrimental impacts of the ruling cited by transgender people, a government spokesperson said laws were in place to protect trans individuals from discrimination and harassment.

Young trans people ‘terrified’

Following a consultation, the EHRC, which is responsible for enforcing equality laws, submitted its updated draft guidance to the government at the start of September and parliament is expected to consider it by the end of the year.

Keyne Walker, strategy director for TransActual, said the interim guidance is already having a “dire effect” and said the EHRC’s interpretation of the judgement could have been far less “extreme”.

Some organizations have already updated their transgender policies. The Football Association has barred transgender women from competing in women’s soccer in England, and the British Transport Police now requires same-sex searches in custody to be conducted according to a detainee’s biological sex.

A spokesperson for the EHRC said everything they had done since the judgement was grounded in the law, and the guidance shared with the government was both legally accurate and clear.

Rae fears the court’s decision will discourage people from living freely in their chosen gender and threatens their safety if they do, as it has shifted public perceptions of transgender people.

“Every young trans person I’ve spoken to is terrified,” said Rae, who teaches science to young people as part of his job, adding that many were now questioning: “Am I going to be able to live the life I want to live as the person I want to be?”

Over 100,000 people march in biggest trans Pride event in history

Read more at LGBTQ Nation.

Over 100,000 people marched in London’s Trans+ Pride event on Saturday, making it the biggest trans Pride march in the world, according to The Guardian. The event’s theme, “Existence and Resistance,” was developed in response to the recent U.K. Supreme Court ruling that the legal definition of a woman in non-discrimination law is based on biological sex rather than gender identity.

“It was an emotional and powerful day,” the event’s co-founder Lewis G. Burton told the aforementioned publication. “At a time when the Supreme Court is making sweeping decisions about trans people without consulting a single trans person or organisation, and when a small, well-funded lobby of anti-trans campaigners continues to dominate headlines and waste public resources, our community came together to show what real strength, solidarity and care looks like.”

The march began at 1 p.m. local time on Saturday and proceeded for just under two miles, from near the BBC Broadcasting House to the Parliament Square Gardens. The event’s speakers included Heartstopper actress Yasmin Finney and activist Caroline Litman, whose trans daughter took her life in 2022 after waiting nearly three years for gender-affirming healthcare, the BBC reported.

London Trans+ Pride began in 2019 as an alternative to the city’s more commercial Pride march. This year’s event gained over 40,000 additional participants, compared to last year’s crowd of 60,000, the BBC noted.

“The message was clear: We will not be erased,” Burton said. “Our existence is natural, historic and enduring. You can try to take away our rights, but you will never remove us from society. We are a part of humanity – and the public will not stand by while harm is done to our community.”

The event occurred in the aftermath of a recent Supreme Court case in which For Women Scotland (FWS), an anti-trans organization, mounted a legal challenge over the definition of a woman under the country’s 2010 Equality Act. After the court ruled that the law’s definition of a woman is based on “biological sex,” the U.K.’s Equality and Human Rights Commission (EHRC) said trans women and men “should not be permitted to use” the public restroom facilities that align with their gender.

Alex Parmar-Yee, from Trans+ Solidarity Alliance — one of the groups that marched in the weekend event — said the EHRC’s guidance “has not provided any additional clarity, and actually is going to devastate the lives of trans people [who] will lose access to essential services and spaces.”

“The main concern really here is that it feels like there’s not been a consideration of trans members of the community, and that this guidance will pass behind closed doors, without the scrutiny, and without visibility, and without democracy,” Parmar-Yee added, saying that she and other trans organizations are pushing for the government to provide greater transparency around trans-related policies and guidances.

Speaking with Attitude magazine, activist Litman expressed concern over The Online Safety Act, a newly enacted U.K. law that requires websites with explicit adult material to conduct user age checks. Critics of the law worry it’ll be used to block age-appropriate LGBTQ+ resources for minors.

“It’s really scary,” Litman said. “[My late daughter] Alice got a lot of help and support online, whilst feeling very isolated in her own lived experience world that didn’t really have anything for her. Her online world really protected her – and so both these legislations are really concerning and need to be seriously looked at for reversal.”

When asked what she would tell her daughter now, Litman said, “Find your community. That’s what I’d say – find your community. Because they’ll save you, they’ll look after you, they’ll nurture you and support you and get you through this. To do this together. That’s what I’d say to her. And I love her. Love. I love, I love, love, love, I love.”

Judge bizarrely rules that police at a Pride parade threatened the safety of transphobes

Read more at LGBTQ Nation.

Just days before this weekend’s Pride parade in Northumbria in Northern England, a judge ruled that the local police department’s chief constable wrongfully allowed uniformed officers to march under a Progress Pride flag at last year’s celebration.

In a controversial decision critics say is riven with bias, the judge claimed officers marching with the flag breached their duty to impartiality and endangered imagined protesters with “gender critical” views.

The judicial review was brought by a female event participant who objected to police officers “associating with messaging which was supportive of the cause of gender ideology,” The Times of London reported.

In her challenge, plaintiff Lindsey Smith highlighted a decision to allow officers to station a police van decorated in colors “indicative of support for the cause of gender ideology… namely the colors of the Progress flag.”

The “messaging which was supportive of the cause of gender ideology, including in the form of placards, chanting, imagery or flags,” was a threat to her personal safety, she said.

The judge in the case, Mr. Justice Linden, agreed, ruling it was “contrary to the uniformed officers’ duties of impartiality”, as well as the chief constable’s “own duty of impartiality, to participate in the 2024 march in the way that they did.”

“The fact that they wore their uniforms, marched as a contingent and carried the Police Pride and other flags demonstrated their support for the cause as police officers,” the judge said, and by extension indicated hostility to those with “gender critical” views.

“It is not hard to imagine circumstances in which officers in question might be called on to deal with a clash between gender critical people and supporters of gender ideology, and therefore situations where the former had cause for concern as to whether they were being dealt with impartially,” the judge wrote.

The judge implied this “perceived” bias would influence officers’ decisions to permit “gender critical” people to demonstrate at all and could result in attempts to “eject a gender critical person from the march.”

Smith’s lawyer, Paul Conrathe, said the ruling was of “national importance.”

Referring to so-called “gender ideology,” Smith said British police “must be above the fray and avoid taking sides” on what he called “contested issues.”

Northumbria police responded that their “primary aim” during last year’s march was “to keep people safe.” The event also provided the force “with an opportunity to engage with people including those who may have less confidence in policing,” they said following the ruling.

The department added that senior Northumbria officers would “work through the ruling to understand the implications.” They did not clarify whether officers would be allowed to march in the Pride parade this weekend.

Trans woman swims topless at meet to protest being forced to compete against cis men

*This is reported by LGBTQ Nation

Anne Isabella Coombes, a 67-year-old transgender female swimmer, swam topless with her breasts exposed at the Cornwall County Masters swim meet as a protest to being forced to compete with cisgender men by Swim England, the UK’s governing body overseeing the country’s competitive swimming.

Swim England told Coombes she was no longer eligible to compete in the women’s category, despite her doing so in 2022 and 2023. So the organization placed her in a new “open” category where trans female and nonbinary competitors swim against cis men. Swim England replaced its men’s category with its open category starting in September 2023, to “negate… post-puberty transgender females[‘]… biological level of performance advantage post-transition,” the organization wrote.

“It is widely recognised that fairness of competition must be protected and Swim England believes the creation of open and female categories is the best way to achieve this,” the organization said upon announcing the new policy. “The updated policy ensures there are entry-level competitive opportunities for transgender people to participate in the majority of our disciplines within their gender identity.”

When Coombes asked what she’d be required to wear during swim meets in the “open” category, Swim England informed her that she would “need to wear a female swimming costume despite having to compete with the men, which ‘outs’ me as a woman who is transgender,” she told The Reading Chronicle.

“I explained to the person on the phone that they are not allowed to do that, and he didn’t have an answer,” she added, saying that the swimsuit requirement compelled her to stop competitively swimming until 2025. She only resumed in order to protest Swim England’s policies, which say that competitors’ swimwear must be in “good moral taste.”

She said the organization told her that she can swim in a men’s swimsuit without having to ask in advance for a referee’s permission, but that the referee can disqualify her if they choose.

“Deciding on whether exposing my breasts is in ‘good moral taste’ or whether I need to cover them up so that ‘those involved in competitive swimming are appropriately safeguarded’ is an entirely subjective decision of the referee,” she told the aforementioned company.

“In other words, I could turn up to the competition and run the risk of not being able to compete in whichever costume I intend to wear,” she continued. “No other swimmer has this concern. These regulations also mean that Swim England is treating me as a male by default.”

The Reading Chronicle didn’t say whether the referee disqualified her for her protest.

“I’m trying to show the world that this policy isn’t thought through, and it’s meant to hit trans people and nobody else,” she said. “I want to make it clear through this protest that trans people are not a threat when it comes to sport. We aren’t winning everything, and if we started to, then I would be first in line to discuss other options. Right now, it is a non-issue.”

Numerous competitive sports’ governing bodies have recently changed their policies to ban trans women from competing against cis women in the name of fairness — despite previously having policies that allowed trans athletes using hormone therapy to compete with members of their own gender identity.

Critics of these policies say that they mostly harm female athletes who could be subjected to invasive medical investigations in order to prove their gender. Critics also say that these policy changes add to social stigma that vilifies trans female athletes as a threat to women’s rights and do nothing to address the sexism, abuse, and lack of funding that actually harm cis female athletes.

Coombes said she has been protesting against the recent UK high court ruling that the legal definition of a woman under the country’s 2010 Equality Act is based on “biological sex.” Though the court has said that trans women still have anti-discrimination protections under the law, the UK Human Rights Commission said in a confusing “guidance” that trans women can be excluded from “women-only” spaces in hospitals, shops, and restaurants, and trans men can be excluded from “men-only” spaces.

Coombes has spoken at protests against the ruling and told the aforementioned publication, “Most trans people just want to get on with their lives and be treated as the gender they are. But unfortunately, given what the Supreme Court has done, we need to stand up and say ‘I’m trans, I exist, and you’re not going to silence me.’ Existence is resistance.”

Starmer told UK must repeal hate speech laws to protect LGBT+ people or lose Trump trade deal

*This is being reported by The Independent on MSN.

Sir Keir Starmer must embrace Donald Trump’s agenda by repealing hate speech laws in order to get a trade deal over the line, sources close to JD Vance have told The Independent.

The warning came after the US vice-president suggested a UK-US agreement may be close, with the White House “working very hard” on it.

He told UnHerd: “I think there’s a good chance that, yes, we’ll come to a great agreement that’s in the best interest of both countries.”

But allies of Mr Vance say he is “obsessed by the fall of Western civilisation” – including his view that free speech is being eroded in Britain – and that he will demand the Labour government rolls back laws against hateful comments, including abuse targeting LGBT+ groups or other minorities, as a condition of any deal.

The Independent was told: “The vice-president expressing optimism [on a trade deal] is a way of putting further pressure on the UK over free speech. If a deal does not go through, it makes Labour look bad.”

Mr Vance’s recent speech to the right-wing Heritage Foundation think tank was cited as an example of his views on Western culture and free speech being linked to securing an agreement.

“No free speech, no deal. It is as simple as that,” the source close to the vice-president said.

It is understood that Britain has already offered to drop its proposed digital services tax as a means of getting a trade deal through. But the US wants to see laws on hate speech repealed as well as plans for a new online safety law dropped.

Labour has made it clear it is not prepared to go that far. A Downing Street source said the subject “is not a feature of the talks”.

However, the issue seems to be one of the main sticking points from the White House’s perspective.

Talks began last month after Sir Keir visited Mr Trump in the White House and intensified earlier this month with the tariffs announcement. While tariffs have been suspended for 90 days, the hope is that a deal can be done before they are brought into force.

Downing Street is aiming not for a traditional trade deal, but one focused on growth industries of the future, such as biotech and artificial intelligence.

Ministers insist this will not mean Britain has to accept imports of chlorinated chicken or beef with hormones, which have long been cited as concerns. However, they hope it will see most, if not all, tariffs removed between the two countries.

While Mr Trump’s trade secretary Howard Lutnick has taken a leading role in the talks with UK business secretary Jonathan Reynolds, the president announced at the start that Mr Vance would take the overall lead in the negotiations. UK sources have said he has been at the forefront of the tech side of the talks.

This has put the issue of free speech front and centre for Mr Vance and his allies in getting a deal with the UK.

The issue has become a central problem in UK-US relations since the summer riots when Mr Trump ally and X (Twitter) owner Elon Musk launched a vitriolic social media campaign against Sir Keir and his government, with people arrested over tweets.

It continued when Sir Keir visited the White House for the first time since Mr Trump took power and clashed with Mr Vance in front of the TV cameras in the Oval Office. The vice-president claimed that free speech was being undermined and also claimed that laws being brought in for online safety were an attack on US tech giants.

Most recently, the trial of Isabel Vaughan-Spruce for silently praying outside an abortion clinic has become a major issue in the US, with Mr Vance criticising the UK legal system over the case.

In his interview with UnHerd, the vice-president expressed optimism about the talks.

He said: “We’re certainly working very hard with Keir Starmer’s government.

“The president really loves the United Kingdom. He loved the Queen. He admires and loves the King. It is a very important relationship. And he’s a businessman and has a number of important business relationships in [Britain]. But I think it’s much deeper than that.

“There’s a real cultural affinity. And, of course, fundamentally, America is an Anglo country.”

Meanwhile, Mr Reynolds on Tuesday said he had been clear with US counterparts that he did not support Mr Trump’s approach on tariffs.

But he said there is a need in some instances to look at how to rebalance world trade to ensure greater fairness.

He said: “I don’t support the kind of approach to unilateral tariffs that the US has pursued. We’ve made that very clear to our US friends and colleagues, but there are issues as to how parts of trading works around the word, and there is a need to look at how we can do that fairly: how we can consider where in some cases countries are not operating to the same rules that we might expect here in the UK?”

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Legal definition of woman is based on biological sex, UK supreme court rules

*This is being reported by The Guardian

The UK supreme court has issued a historic and definitive ruling that the terms “woman” and “sex” in the Equality Act refer only to a biological woman and to biological sex.

In a decision that delighted gender-critical activists, five judges ruled unanimously that the legal definition of a woman in the Equality Act 2010 did not include transgender women who hold gender recognition certificates (GRCs).

The judgment could have far-reaching ramifications and lead to greater restrictions on the access for trans women to services and spaces reserved for women. It prompted calls for the UK’s laws on gender recognition to be rewritten.

The UK government said the ruling brought “clarity and confidence” for women and those who run hospitals, sports clubs and women’s refuges.

A spokesperson said: “We have always supported the protection of single-sex spaces based on biological sex. Single-sex spaces are protected in law and will always be protected by this government.”

The case was brought to the supreme court by the gender-critical campaign group For Women Scotland, which is backed financially by JK Rowling, after two Scottish courts rejected its arguments that the Equality Act’s definition of a woman was limited to people born biologically female.

Lord Hodge, the deputy president of the court, said the Equality Act was very clear that its provisions dealt with biological sex at birth, and not with a person’s acquired gender, regardless of whether they held a gender recognition certificate.

That affected policymaking on gender in sports and the armed services, hospitals, as well as women-only charities, and access to changing rooms and women-only spaces, he said. However, trans women still have equal pay rights as women, and could have the right to be treated as women in some situations.

In its 88-page judgment, the court said that while the word “biological” did not appear in the definition of man or woman in the Equality Act, “the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman”.

If “sex” did not only mean biological sex in the 2010 legislation, providers of single-sex spaces including changing rooms, homeless hostels and medical services would face “practical difficulties”, it said.

The justices added: “Read fairly and in context, the provisions relating to single-sex services can only be interpreted by reference to biological sex.”

The ruling represents a significant defeat for the Scottish government. For Women Scotland had initially challenged legislation that allowed trans women with a GRC to sit on public boards in posts reserved for women.

Scotland’s first minister, John Swinney, said his government accepted the court’s judgment. He said it clarified the limits of the Gender Recognition Act 2004, which introduced gender recognition certificates for trans people.

“We will now engage on the implications of the ruling,” he said. “Protecting the rights of all will underpin our actions.”

The Scottish government defended its actions in the case, which it said were always guided by the Equality and Human Rights Commission’s advice. It said it would now engage with UK ministers and with the EHRC to look at the ruling’s implications, since the legislation involved was passed by Westminster.

Trans rights campaigners urged trans people and their supporters to remain calm about the decision.

The campaign group Scottish Trans said: “We are really shocked by today’s supreme court decision, which reverses 20 years of understanding of how the law recognises trans men and women with gender recognition certificates.

“We will continue working for a world in which trans people can get on with their lives with privacy, dignity and safety. That is something we all deserve.”

Sacha Deshmukh, the chief executive of the human rights group Amnesty International UK, which joined with the Scottish government in the supreme court case, said the decision was “clearly disappointing”.

“There are potentially concerning consequences for trans people, but it is important to stress that the court has been clear that trans people are protected under the Equality Act against discrimination and harassment,” he said.

“The ruling does not change the protection trans people are afforded under the protected characteristic of ‘gender reassignment’, as well as other provisions under the Equality Act.”

Susan Smith, a co-founder of For Women Scotland, said the legal action had been “a really, really long road”. “Today the judges have said what we always believed to be the case, that women are protected by their biological sex,” she said.

“Sex is real and women can now feel safe that services and spaces designated for women are for women and we are enormously grateful to the supreme court for this ruling.”

In a social media post, JK Rowling said: “It took three extraordinary, tenacious Scottish women with an army behind them to get this case heard by the supreme court,” adding: “I’m so proud to know you.”

Hodge, the deputy president of the court, said it believed the position taken by the Scottish government and the EHRC that people with gender recognition certificates did qualify as women, while those without did not, created “two sub-groups”.

This would confuse any organisations they were involved with. A public body could not know whether a trans woman did or did not have that certificate because the information was private and confidential.

And allowing trans women the same legal status as biological women could also affect spaces and services designed specifically for lesbians, who had also suffered historical discrimination and abuse.

Kishwer Falkner, the chair of the EHRC, said it was pleased the ruling had dealt with its concerns about the lack of clarity around single-sex and lesbian-only spaces, but would need time to fully understand its implications.

“We are pleased that this judgment addresses several of the difficulties we highlighted in our submission to the court, including the challenges faced by those seeking to maintain single-sex spaces, and the rights of same-sex attracted persons to form associations.”

U.K.’s LGBTQ workers still feel pressured to ‘be less gay,’ report says

*This is reported by NBC News

LGBTQ professionals in Britain still feel pressured to downplay their identity at work, with some changing their appearance, voice or behavior to avoid discrimination or to be taken seriously, a new report said on Thursday.

Pride in Leadership, a network of LGBTQ business leaders, called for stronger rights protecting members of the community and urged companies to do more to stamp out homophobia and transphobia disguised as “banter.”

The not-for-profit, which surveyed 1,000 LGBTQ professionals between June and November of last year in its first such report, said 85% of respondents encountered career obstacles due to their identity.

It found that 34% of respondents said their identity negatively affected their earlier education, with some still feeling like they have to “be less gay” after being encouraged to suppress their sexuality when they were younger.

Over half said it influenced their career choices, prompting them to avoid certain sectors or roles due to fears of discrimination or lack of support.

“This research reflects what I’ve seen as a gay leader,” Matt Haworth, co-founder of Pride in Leadership, said. “From homophobia in meetings to being invited on trade missions to a country where I could be sentenced to death just for being me… the playing field is far from level.”

Haworth added, “Everyone deserves a fair chance to succeed — regardless of who they love or how they identify.”

Official data from the 2021 Census showed that around 1.5 million people in England and Wales identified as gay, lesbian, bisexual or another sexual orientation.

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