Thread analysing GLP Crash Wigley's legal critique of the judgement.
Summary - Wrigley's position is the BEST response the cleverer TAs have come up with so far beyond the usual wims are nasty stuff. Turns out there is not much to it.
boswelltoday
Folks, I just read Good Law Project’s critique of the Supreme Court’s recent ruling on trans rights in the UK. It’s bold, it’s fiery, it’s...kinda missing the point entirely. Buckle up—time for some truthiness.👇
Quote
Good Law Project
@GoodLawProject
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"The judgment has introduced great uncertainty into the legal regime by appearing to endorse trans-exclusionary practices while leaving the human rights implications of such practices at large."
Read Barrister Crash Wigley's legal critique 👇
https://goodlawproject.org/for-women-scotland-a-legal-critique/?utm_source=twitter&utm_campaign=transfund_post_15943&utm_medium=social_media&utm_content=30-04-2025
2/12
They argue the Supreme Court is "undermining rights." Interesting claim, considering the court simply clarified existing laws. Apparently, interpreting the law as written now counts as a hot take. Who knew?
3/12
GLP shout about human rights (ECHR Article 8) being ignored. Except...the court actually balanced trans rights against other rights (y'know, the whole "balance" thing courts love). But hey, nuance is so 2019, right?
4/12
They invoke the Human Rights Act’s magical Section 3(1), thinking courts can just reinterpret laws until they sparkle with rainbows. Spoiler alert: Courts don't rewrite legislation—unless we're suddenly living in Judge Judy’s courtroom.
5/12
Next, they’re upset about Section 9(3) of the Gender Recognition Act, saying the court misused it. Plot twist: Parliament literally created exceptions precisely for when gender identity and biological sex definitions clash. Laws doing law things? Shocking.
6/12
And apparently, citing cases from 20 years ago means we’ve regressed two decades. Look, I love nostalgia too—remember flip phones?—but that doesn’t mean clarifying laws today sends us back to 2004. (Though the music was marginally better then.)
7/12
On single-sex services, GLP claim the ruling opens doors to widespread exclusion. Fact check: Nope. It just reaffirms that exclusions must be justified, proportional, and careful. You know, the same as last year...and the year before that.
8/12
They lean heavily on parliamentary debates and explanatory notes—essentially saying, "Parliament said stuff once, and we liked it better!" Sadly, courts read the actual laws—not the parliamentary "greatest hits" album.
9/12
Here’s a novel concept: if you disagree with the clarity of the law, maybe—just maybe—the real beef is with Parliament, not judges. Crazy, I know. Democracy, amirite?
10/12
In essence, this critique demands the Supreme Court step beyond its powers and rewrite the Equality Act. Folks, that’s like asking your accountant to fix your plumbing—it's gonna get messy.
11/12
Bottom line: The Supreme Court did exactly what courts should do—interpret laws based on what Parliament actually passed, not what Twitter wishes they passed. Outrage doesn't rewrite statutes. (Yet.)
12/12
So here’s an idea, friends: if Good Law Project wants new laws, maybe knock on Parliament's door instead of yelling at judges. I hear Parliament loves a good debate. Bonus points if you bring snacks.