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Feminism: Sex and gender discussions

Judge McCloud seeks re-hearing of the Supreme Court FWS appeal

354 replies

ArabellaScott · 18/08/2025 09:23

https://www.theguardian.com/society/2025/aug/18/transgender-judge-supreme-court-case-biological-sex

'The UK’s first transgender judge has launched a case against the UK in the European court of human rights challenging the process that led to the supreme court’s ruling on biological sex.
The retired judge Victoria McCloud, who is now a litigation strategist at W-Legal, is seeking a rehearing of the case, arguing that the supreme court undermined her article 6 rights to a fair trial when it refused to hear representation from her and did not hear evidence from any other trans individuals or groups.'

The Amnesty representative was, I believe, non-binary?

UK’s first transgender judge seeks rehearing of supreme court case on biological sex

Exclusive: Victoria McCloud says court undermined her rights to a fair trial when it refused to hear her evidence

https://www.theguardian.com/society/2025/aug/18/transgender-judge-supreme-court-case-biological-sex

OP posts:
Thread gallery
18
SinnerBoy · 20/08/2025 08:02

As I taught both my dc if you fly with the crows you'll be shot with them

That's a new one for me, I like it!

ThatBlackCat · 19/08/2025 23:14

ArabellaScott · 19/08/2025 08:58

“Rosa Parks’ choice of seat was political because of the colour of her skin,” [he] said, adding: “More prosaically, for me I am now political every time I choose where to pee.”

😶

Edited

Christ. These disgusting males really co-opt EVERY single struggle and twist it to make them look a bigger victim than the original, don't they. As if I couldn't hate these men possibly any more. They really vile scum.

Bannedontherun · 19/08/2025 22:49

NotAtMyAge · 19/08/2025 21:01

Does he even have standing to bring a case to the ECHR about a UK Supreme Court judgment, given that he is no longer UK resident?

Well no as far as i can ascertain, it would be like me complaining about some law or other in Spain.

He seems to be arguing that he was not allowed as an intervener in the SC hearing. Which is no argument at all, even if he was a resident in the UK.

Aside from the fact he is “out of time” on that issue.

Talkinpeace · 19/08/2025 22:06

ArabellaScott · 19/08/2025 18:57

Wow. On that scale, we got a 10.

Yes.
I was at work on the 16th and let out a very unprofessional squeal when I saw the result.

Ereshkigalangcleg · 19/08/2025 22:02

That would be the best way out, they can claim that it was the lack of standing that lost him the case, as with Mermaids/LGBA. Rather than the general shite nature of it.

NotAtMyAge · 19/08/2025 21:01

Bannedontherun · 19/08/2025 19:08

Nobody knows what the frame of the legal challenge to the ECHR would look like, since it has not been published. There has not yet been published any claim that has been made.

And as Barristers have variously described there is no substantive claim that anyone can think of.

The only thing i can extrapolate (from my amateur legal studies) is that they could claim that the state (UK) are interfering with rights of privacy about ones sex where, it is not necessary, to do so.

That is the Goodwin case I do believe.

But the SC ruling confined itself as to where it does matter, ergo Sport, same sex spaces, and being same sex attracted, amongst other things.

I was totally confident as to where the SC ruling was going to go, as posted quite a lot.

The law is mostly logical.

I am totally confident that this is all just hot air as someone up thread said.

Does he even have standing to bring a case to the ECHR about a UK Supreme Court judgment, given that he is no longer UK resident?

SinnerBoy · 19/08/2025 20:44

GargoylesofBeelzebub · 18/08/2025 13:10

Has he actually made public his application for intervention yet? Seems odd that he hasn't. 🤔

He's still trying to concoct something apparently coherent and reasonable.

ArabellaScott · 19/08/2025 19:35

fromorbit · 19/08/2025 19:30

I am totally confident that this is all just hot air as someone up thread said.

I think everyone with an informed opinion thinks that. Even the neutral comment from Maugham upthread indicates he didn't think much of the case. If there was any chance of a win he would be trying to claim credit.

It will be probably be thrown out early on. The application might not even be accepted as McCloud refused to challenge the Supreme Court in the UK back in October 2024 when his application to intervene was refused and the case was active. The Euro court isn't interested in people who refuse to use existing legal resources in their own country.

Anyway while it will be publicity for TAs winging about the law, it will when it fails further strengthen the side of reality. By then FWS will have defeated the Scottish government for the third time.

I was going to make a joke about keeping them busy, but ...

I actually do think it's shit that this man is bleeding people for a hopeless case, though. Much as I'm glad it's pointless, it's unfair to con people.

OP posts:
fromorbit · 19/08/2025 19:30

I am totally confident that this is all just hot air as someone up thread said.

I think everyone with an informed opinion thinks that. Even the neutral comment from Maugham upthread indicates he didn't think much of the case. If there was any chance of a win he would be trying to claim credit.

It will be probably be thrown out early on. The application might not even be accepted as McCloud refused to challenge the Supreme Court in the UK back in October 2024 when his application to intervene was refused and the case was active. The Euro court isn't interested in people who refuse to use existing legal resources in their own country.

Anyway while it will be publicity for TAs winging about the law, it will when it fails further strengthen the side of reality. By then FWS will have defeated the Scottish government for the third time.

NotbloodyGivingupYet · 19/08/2025 19:26

Hoardasurass · 19/08/2025 13:24

Tough they were happy enough when the violent misogynistic men larping as women were bullying and trampolining all over women's rights because it benefited them so now they have to face the consequences of their silent tasit consent.
As I taught both my dc if you fly with the crows you'll be shot with them

Totally understand how you feel. I used to be a lot more, for want of a better word, understanding. My attitude has definitely hardened under the onslaught. But I don't think they were all "happy enough". Some of them were probably just keeping their heads down, same as most of us had to in real life.

Bannedontherun · 19/08/2025 19:08

Nobody knows what the frame of the legal challenge to the ECHR would look like, since it has not been published. There has not yet been published any claim that has been made.

And as Barristers have variously described there is no substantive claim that anyone can think of.

The only thing i can extrapolate (from my amateur legal studies) is that they could claim that the state (UK) are interfering with rights of privacy about ones sex where, it is not necessary, to do so.

That is the Goodwin case I do believe.

But the SC ruling confined itself as to where it does matter, ergo Sport, same sex spaces, and being same sex attracted, amongst other things.

I was totally confident as to where the SC ruling was going to go, as posted quite a lot.

The law is mostly logical.

I am totally confident that this is all just hot air as someone up thread said.

ArabellaScott · 19/08/2025 18:57

Talkinpeace · 19/08/2025 18:37

Posted at 6pm the day before the ruling

https://x.com/MForstater/status/1911830768201986289

Wow. On that scale, we got a 10.

OP posts:
Charabanc · 19/08/2025 18:46

Talkinpeace · 19/08/2025 15:18

Good. So six months until this nonsense claim is rejected by the ECHR.

lnks · 19/08/2025 18:44

Talkinpeace · 19/08/2025 18:37

Posted at 6pm the day before the ruling

https://x.com/MForstater/status/1911830768201986289

Thank you

Talkinpeace · 19/08/2025 18:37

Posted at 6pm the day before the ruling

https://x.com/MForstater/status/1911830768201986289

https://x.com/MForstater/status/1911830768201986289

lnks · 19/08/2025 18:28

Talkinpeace · 19/08/2025 13:45

I have bookmarked Maya's tweet from the night before
when the whole 'GC side' were so nervous.

At the same time people like Jolyon were 100% that ScotGov and Amnesty would prevail

Their bubble still wants to believe that the ruling was not final.
It is.

@Talkinpeace would you be able to share that? I’d love to read it.

ItsCoolForCats · 19/08/2025 18:27

Merrymouse · 19/08/2025 17:53

acted (against advice) in a manner that cost the company money

Or as seems more likely in many of these cases, cost the taxpayer money.

Indeed, and we know from Yougov polls that the general public support women having single sex spaces, sports etc.

The Darlington nurses case is coming up end of Oct/start of Nov. The optics of it are terrible for the NHS Trust. Six nurses talking legal action, one of whom has PTSD after being abused as a child. And HR had complaints from dozens of nurses, and they were told they needed to be re-educated 🙄. And there were reports of inappropriate behaviour by the man in the female changing rooms. How can they possibly justify spending money defending this fiasco to members of the public who are pissed off about NHS waiting times etc?

SerendipityJane · 19/08/2025 18:13

Merrymouse · 19/08/2025 17:53

acted (against advice) in a manner that cost the company money

Or as seems more likely in many of these cases, cost the taxpayer money.

I'm not aware of any statutory duty for government departments (or their organs f'narr, f'narr) to minimise waste.

Merrymouse · 19/08/2025 17:53

SerendipityJane · 19/08/2025 17:18

Surely, even the most stubborn organisations, who are determined not to follow the law, can't kick the can down the road for that long?

UK courts are very very reluctant to add anything beyond proven expenses to damages (for little people, obviously).#

However one thing that is almost guaranteed to make a court sympathetic to enhanced damages is when the defendant clearly set out to break the law in it's conduct (it's for situations like this that word "egregious" was invented).

So as the cases are bought and lost, the defendants could lose an awful lot of what really matters to them. Which isn't principle (you are an idiot if you are think the courts care. It's lucre. Mullah. Mammons milk.

I'm not an expert in corporate law, but I am pretty certain a special place in hell exists for boards and board members who can be shown to have acted (against advice) in a manner that cost the company money. (Be curious if any experts could speak to that).

So a lot of people might act all "Pah ! What do I care for the law !?" - right up to the moment the reality is laid out for them.

acted (against advice) in a manner that cost the company money

Or as seems more likely in many of these cases, cost the taxpayer money.

SerendipityJane · 19/08/2025 17:18

Surely, even the most stubborn organisations, who are determined not to follow the law, can't kick the can down the road for that long?

UK courts are very very reluctant to add anything beyond proven expenses to damages (for little people, obviously).#

However one thing that is almost guaranteed to make a court sympathetic to enhanced damages is when the defendant clearly set out to break the law in it's conduct (it's for situations like this that word "egregious" was invented).

So as the cases are bought and lost, the defendants could lose an awful lot of what really matters to them. Which isn't principle (you are an idiot if you are think the courts care. It's lucre. Mullah. Mammons milk.

I'm not an expert in corporate law, but I am pretty certain a special place in hell exists for boards and board members who can be shown to have acted (against advice) in a manner that cost the company money. (Be curious if any experts could speak to that).

So a lot of people might act all "Pah ! What do I care for the law !?" - right up to the moment the reality is laid out for them.

Delphigirl · 19/08/2025 17:03

RapidOnsetGenderCritic · 18/08/2025 09:33

Is that an unusual use of "trial"? Who was being tried? How was their non-trial unfair?

Quite right it was not a trial it was an appeal

Talkinpeace · 19/08/2025 16:43

And until then the ruling stands
and discrimination cases in the UK will go through on the back of it

and by ten years time the "gender affirmed" teens will be hitting their mid twenties and asking questions of their parents .......

SerendipityJane · 19/08/2025 16:41

Amazing. So in the unlikely event that this case will be successful, it will be approximately 10 years or more before any changes will result from this.

The prisoner votes and Distillers case took years as I recall.

Because the ECtHR has no enforcement powers it can take it's time. Also as it's inevitably concerned with legislative challenges, it pays to wait a bit in case a change of government makes the case redundant.

Ereshkigalangcleg · 19/08/2025 16:40

Merrymouse · 19/08/2025 16:12

How long do the ECtHR have to decide whether they will consider the application? (If that is the correct legal term)

Trans lawyers - VM and Oscar I’m a Special Non Binary?

ItsCoolForCats · 19/08/2025 16:14

Ereshkigalangcleg · 19/08/2025 15:38

🤣

Amazing. So in the unlikely event that this case will be successful, it will be approximately 10 years or more before any changes will result from this.

Surely, even the most stubborn organisations, who are determined not to follow the law, can't kick the can down the road for that long?

Imagine how many unisex facilities could be installed in that time, allowing everyone to just get on with their lives and respect other people's boundaries. Although I suspect that won't happen because we will have a constant backdrop of these cases. Maybe the GLP will eventually run out of steam if people get fed up with donating to them.

Or, they could lobby parliament to change the law. But they seem unwilling to do that 🤔