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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
Rhaidimiddim · 18/08/2025 14:30

CinnamonCinnabar · 18/08/2025 09:39

Can anyone work out how the Supreme Court ruling would impact on 'right to a fair trial' - which to me (not a lawyer) means a criminal court case - the only impact on a trial I can see if what pronouns are used for the defendant.

If I am remembering correctly, McCloud wrote the Bench guidelines that directed judges to use preferred pronouns.

Ereshkigalangcleg · 18/08/2025 14:44

Merrymouse · 18/08/2025 14:27

I understand what you are saying, but my acknowledgement of the existence of the Catholic Church does not imply a belief in transubstantiation.

ETA and neither does my use of the word transubstantiation!

(ETA2 Imagine MN in Tudor Britain!)

Edited

I think if “trans” was a cutesy shorthand for transubstantiation and people claimed to be “trans” it presupposes that “trans” is a thing.

TheUnusuallyQuerulentMxLauraBrown · 18/08/2025 14:55

ArabellaScott · 18/08/2025 14:11

Three barristers worked on their intervention – two are now KCs – and they spent hundreds of hours and many tens of thousands of pounds working on it.

Many tens of thousands of pounds? How?!

Solid gold sandwiches on the expenses account?

Helleofabore · 18/08/2025 15:01

ItsCoolForCats · 18/08/2025 12:26

I think he is in quite the bind, because he obviously believes he is a special type of transwoman that has had surgery and has been 'living as a woman' for decades. And he knows that some of the public will be more sympathetic to the argument that someone who has had surgery on their male genitalia should have a special case made for them when it comes to being put in a male prison.

But he also knows that many of the people supporting his cause don't think that transwomen need to have surgery. After all, we've been told that a penis isn't a male body part 🙄 So I'd imagine VM is treading a fine line trying not to piss off these supporters, but it is inevitable it will happen eventually.

I think so too

TheAutumnCrow · 18/08/2025 15:17

TheUnusuallyQuerulentMxLauraBrown · 18/08/2025 13:22

And what happened to the Trans Equality Legal Initiative- TELI?

it launched with such a fanfare and support from real barristers in various actual chambers yet the whole thing seems to have fizzled out like a damp squib:

https://gardencourtchambers.co.uk/event/trans-equality-legal-initiative-launch-conference/

Did someone realise it was all a load of reality denying cobblers and kill it off quietly?

Oh wow, some blasts from the past on the list of participants there.

Balloonhearts · 18/08/2025 15:19

Interestingly 5 years ago I probably would have agreed but we are well past that point now.

I was actually just thinking the same thing. I had a lot more tolerance and sympathy at the beginning but now I'm just sick to death of it all. The constant bleating about TERFs and the erosion of women's rights, all of it.

They've actually achieved the opposite to what they wanted. I'm so sick of hearing their bullshit that I'd quite like to dump them all on a desert island, surrounded with man eating sharks and tell them to crack on and invent their own little pretend country. Or starve to death because they don't know how to do anything but whinge. Honestly, it could go either way.

TheUnusuallyQuerulentMxLauraBrown · 18/08/2025 15:24

TheAutumnCrow · 18/08/2025 15:17

Oh wow, some blasts from the past on the list of participants there.

Yeah! I took the initiative (pun intended) to
archive the page (seeing as Garden Court were using ‘Trans Activist’ in an entirely positive manner and at least a couple of the Trans Activists on the list have since been disgraced, eg Jess Bradley).

archive.ph/QV66M

Mollyollydolly · 18/08/2025 15:54

Does anyone else find it bloody terrifying that he was a judge?

Harassedevictee · 18/08/2025 15:57

MrsOvertonsWindow · 18/08/2025 12:51

Has anybody ever clarified why Stonewall failed to use any of their millions in representing the alleged "trans point of view" at the SC? Given all the wails about lack of representation (and yes, I know that the whole Scottish government case represented trans demands), it seems very odd that Stonewall ran away from all this?

@TheUnusuallyQuerulentMxLauraBrown @MrsOvertonsWindow

The problem for Stonewall was the fact that the SC case was purely deciding if sex meant biological sex I.e. sex observed at birth, or if it included legal or certified sex I.e. as recorded on a birth certificate including as changed by a GRC. This was less than 10,000 people with a GRC.

It was already settled in law that trans people without a GRC remain their sex observed at birth. Stonewall would effectively have had to admit to the SC, and the world, that their whole business model was legally incorrect i.e. stonewall law was a lie and they knew all along it was a lie. The cost of that and the backlash from all the trans people without a GRC meant they couldn’t apply to intervene and retain credibility.

Squidgemoon · 18/08/2025 16:04

Mollyollydolly · 18/08/2025 15:54

Does anyone else find it bloody terrifying that he was a judge?

McCloud was actually a very good judge, in my opinion, as someone who has actually appeared in front of them. Before they became embroiled in all of this. It’s a shame.

Merrymouse · 18/08/2025 16:17

Balloonhearts · 18/08/2025 15:19

Interestingly 5 years ago I probably would have agreed but we are well past that point now.

I was actually just thinking the same thing. I had a lot more tolerance and sympathy at the beginning but now I'm just sick to death of it all. The constant bleating about TERFs and the erosion of women's rights, all of it.

They've actually achieved the opposite to what they wanted. I'm so sick of hearing their bullshit that I'd quite like to dump them all on a desert island, surrounded with man eating sharks and tell them to crack on and invent their own little pretend country. Or starve to death because they don't know how to do anything but whinge. Honestly, it could go either way.

I think that at this point there has been too much light.

Trans widows

Jan Morris's daughter's writing about how he treated his family.

Wondering how Goodwin's 4 children were affected by the court's decision that he had an Article 8 right to hide their existence.

MrsOvertonsWindow · 18/08/2025 16:42

Rhaidimiddim · 18/08/2025 14:30

If I am remembering correctly, McCloud wrote the Bench guidelines that directed judges to use preferred pronouns.

The guidelines which were so biased they've had to be rewritten because of their abysmal bias in favour of all the male sex offenders, paedophiles and murderers demanding to be called she and her in court.

Datun · 18/08/2025 16:51

We are told we must use dangerous spaces such as male changing rooms and loos when we have female anatomy. If we are raped we must go to male rape crisis. We are searched by male police, to ‘protect’ female police from, I assume, our female anatomy.

I know it's not their job and I can't see why they would, but I wish the SC, in rejecting his challenge would add that '... and to clarify, no man has female anatomy'.

Nail it down once and for all.

MyDogLikesKayaking · 18/08/2025 16:54

Well, they - mccloud and the Glp- have raised a lot of money from their supporters and are going to spend it by paying themselves to challenge it anyway they can. It’s the long con.

Typicalwave · 18/08/2025 16:56

Datun · 18/08/2025 16:51

We are told we must use dangerous spaces such as male changing rooms and loos when we have female anatomy. If we are raped we must go to male rape crisis. We are searched by male police, to ‘protect’ female police from, I assume, our female anatomy.

I know it's not their job and I can't see why they would, but I wish the SC, in rejecting his challenge would add that '... and to clarify, no man has female anatomy'.

Nail it down once and for all.

We chose to have bottom surgery and now we want women to pay the price for having to dodge any vilification male whilst they undress or speak about theif trauma at thd hands if men of recover from major surgery or recover from major mental trauma or get ready for work or change theif tampons or sanitary towels…and on and on ..

IwantToRetire · 18/08/2025 17:04

Merrymouse · 18/08/2025 09:46

https://www.theguardian.com/society/2025/apr/29/uks-first-trans-judge-victoria-mccloud-appeals-to-european-court-over-supreme-court-ruling

How is this article different to this story from April?

I'm struggling to understand what is new.

Exactly. It is just little more than the Guardian trying to make out this is important "news".

Not worth falling for let alone giving it a FWR thread title that will be picked up on by search engines as an "important" issue.

Grin
Boiledbeetle · 18/08/2025 17:27

ArabellaScott · 18/08/2025 11:31

Ah, I think I've found the reason this is back in the news.

https://www.irishlegal.com/articles/britains-first-trans-judge-crowdfunds-to-challenge-uk-in-strasbourg

Crowdfund launched. (Whatever happened to the joint effort with the GLP?)

Anyway, McCloud has managed £150 so far.

It's still only £150 6 hours later.

At this rate it's going to take a while for him to hit his target.

GreenUp · 18/08/2025 17:30

Libby Brooks is just a client journalist for Jolyon Maugham.

Last week it was a rehashed story about his wife being misgendered due to the Supreme Court baddies, now it's another rehashed article on the McCloud case.

I don't understand how the Supreme Court judgment makes any difference to the the 'we are two sexes at once' position.

Isn't the two sexes position already baked into the GRA given the exceptions it contains for hereditary peerages and parent status being based on the biological role (mother/father), not GRC legal status?

ArabellaScott · 18/08/2025 17:36

Boiledbeetle · 18/08/2025 17:27

It's still only £150 6 hours later.

At this rate it's going to take a while for him to hit his target.

That's a wee shame.

OP posts:
Justme56 · 18/08/2025 17:39

GreenUp · 18/08/2025 17:30

Libby Brooks is just a client journalist for Jolyon Maugham.

Last week it was a rehashed story about his wife being misgendered due to the Supreme Court baddies, now it's another rehashed article on the McCloud case.

I don't understand how the Supreme Court judgment makes any difference to the the 'we are two sexes at once' position.

Isn't the two sexes position already baked into the GRA given the exceptions it contains for hereditary peerages and parent status being based on the biological role (mother/father), not GRC legal status?

It also makes exceptions for sex specific criminal offences.

HermioneWeasley · 18/08/2025 17:40

I think he and the good laugh project keep bringing these hopeless challenges for 2 reasons

  1. it’s lucrative, especially for Jolyon Maugham. He lays himself whether he wins or loses
  2. they can keep claiming that the decision is “contested” or “subject to legal review/action” and tell organisations not to comply with it yet because it might change again because of their devastating legal prowess.

and when they lose, it’s proof again of their victimhood and transphobia,

there’s no downside for them. None.

RareGoalsVerge · 18/08/2025 17:43

Bit weird that someone who has worked as a judge doesn't know what the Supreme Court is for.

The Supreme Court ruling was to work out what the current law actually says. There is no amount of testimony about trans people's lived experience that will affect that. The court heard a lot of evidence from a lot of sources where the information was pertinent to the decision. McCloud's feelings on the matter were not considered relevant.

McCloud is welcome to contribute details of lived experience to campaign for changes to the law which will, if such proposals gain sufficient support to be seriously considered, be rigorously scrutinised in fair democratic processes to ensure that any changes are rational and protect everyone's rights.

However, campaigning for more mixed-sex services, on the grounds that although women's single-sex services are important, ensuring that anyone who can't use a women-only service has other options (and not just a men-only service that might be equally unsuitable) is also important, is a far more productive use of time because that doesn't have to be synonymous with attacking women's rights.

serendipitea · 18/08/2025 17:47

Merrymouse · 18/08/2025 16:17

I think that at this point there has been too much light.

Trans widows

Jan Morris's daughter's writing about how he treated his family.

Wondering how Goodwin's 4 children were affected by the court's decision that he had an Article 8 right to hide their existence.

Was that the desired outcome for Goodwin? If so that is very unpleasant...

I haven't followed the issue at the time of Goodwin and the European Court, but my understanding is that it was based on the premise of Goodwin `passing' (though he was anonymous) and the whole reason of getting a new birth certificate and all was that showing the original BC would be outing. Is that right?

So how it resulted in people who by no imagination "pass" taking advantage of the ruling to change their BC is what I don't understand - I guess passing people used as Trojan Horses to extend the process to non-passing people? Because of course you can't formally define the idea of "passing"...

PrettyDamnCosmic · 18/08/2025 17:51

Thanks. I wonder when they put that there as I hadn’t seen this before.