Coming back to this article, as I said before it is four years out of date and predates the Supreme Court judgment. It is also only a High Court judgment, so it has now been conclusively overruled by a superior court and High Court judges would no longer have the ability to reach this decision.
With the benefit of the Supreme Court judgment, it is clear that this decision is wronger than a wrong thing what used to be professor of being wrong at Oxford University.
"It is not possible to argue that the defendant should have excluded from women's prisons all transgender women."
❌ WRONG. The law actually requires that they are excluded from women's prisons. Because they are men.
"Schedule 3 is discretionary."
❌ WRONG. A women's prison is a female only space therefore correctly applying the single sex exemption is not optional.
But even without the benefit of the legal clarity that we now have, the judges' findings were shocking.
They acknowledge that housing trans identifying male prisoners in women's prisons increases the risk of harm to female inmates. They acknowledge that female inmates will suffer "fear and anxiety" as a result of being incarcerated with trans identifying male prisoners. They claim that existing policies should mitigate this despite the fact that the claimant was actually sexually assaulted by a trans identifying male inmate and so the existing policies clearly failed to protect her. They knew that in a three year period at least seven sexual assaults were committed by trans identifying male prisoners in women's prisons, meaning that between 1 in 5 (if all the assaults were committed by different people) and 1 in 20 (if all the assaults were committed by the same person) of the trans identifying males housed in women's prisons actually went on to sexually assault a female inmate. And then these two privileged white male judges went on to dismiss all of that on the grounds that housing these male criminals in the men's prisons where they belong "would be to ignore, impermissibly, the rights of transgender women to live in their chosen gender".
Let's be very clear about this.
There is no right for trans people to be in spaces for members of the opposite sex. Such a right does not exist and never has. For a time those people were granted the special privilege of being allowed in spaces for members of the opposite sex, but that privilege came at the expense of the actual rights of the opposite sex and never should have been granted, even to nice, law abiding trans people.
But when it comes to convicted criminals, well, they are denied many rights which the rest of us enjoy. They have no right to vote. They have no right to walk around freely. They have no right to decide what to wear or eat that day. They forfeited those rights when they decided to commit a serious crime, incurring a custodial sentence.
Like actual fucking fuck do we need to give even the slightest, shiniest shit about the gender identities of convicted criminals. For actual fucking fuck's sake.
If being housed in a men's prison would be so very intolerable for you because you believe you are a woman despite all the evidence to the contrary, the solution is actually very simple. Refrain from sticking your penis into unconsenting women (or any other criminal activities) and then you won't get sent to any kind of prison.