Fragile Freedoms
I live proudly in a body of my own design. I defend my right to be complex.
- Leslie Feinberg
Two weeks ago, the UK Supreme Court ruled that the legal definition of a ‘woman’ is restricted to biological sex. This significant ruling, has sweeping consequences not only for all trans folk, but for us all. Aside from the nonsensical ruling itself, the workability of the law remains unclear. At the time, our co-founder, Ella McCann-Tomlin wrote about the precedent this sets for trans exclusion in the UK.
Despite the fact that less than two weeks has passed since the ruling, high-profile companies have already begun to institute regressive and exclusionary policies. Prominent corporations such as Barclays and the FA have already jumped the gun, by declaring that trans women can no longer use the women’s bathrooms, and can no longer take part in women’s football teams. In the case of the FA (an organisation with a less-than-stellar track record on taking action against gender-based violence) it’s worth noting that this decision is thought to impact between 20 and 30 women among millions of amateur players - all of whom were playing at the grassroots level.
A number of trans rights activists, including couple Jake & Hannah Graf (who are both trans) have rightly pointed out the unworkability of the new guidelines. In Jake’s own words from earlier this week “These guidelines now say that I am not allowed to use the men’s toilet or facility because, obviously, I’m not a biological man. But these guidelines also say that I’m not allowed to use the women’s toilets either. So, I’m now, as a tax paying, law abiding citizen of the UK, being told I’m not allowed one of my most basic human rights.” Meanwhile, last week, Dawn Butler appeared to scramble the brain of former Tory minister Simon Clarke, when she pointed out the simple truth that trans women being barred from using women’s toilets on the basis of ‘biology’ would, by definition, now mean that trans men would be in a position of having to use the women’s toilet. The Supreme Court’s complete lack of consultation of the trans community in this judgement is being laid bare for all to see.
As individuals there is much we can and should be doing to show solidarity to trans people in this moment. If you are based in London, UK, get yourself down to the Museum of Transology in King’s Cross, where they are currently exhibiting a special collection documenting 10-years of trans activism in the UK. The special exhibition runs to the 11th May. We went a few weeks ago and found it to be deeply moving and educational.
If you are able to, donate to trans-led charities such as Not A Phase, whose mission is to support the lives of trans adults with community and awareness building. It is up to all of us to be proactive and curious about the trans experience - compassion is the cornerstone of inclusion.
It is also time to take a stand for trans rights in our organisations. Showing your trans employees that you support them is critical. This might look like updating your workplace policies to explicitly protect gender identity and expression, offering gender-affirming healthcare benefits, including gender-neutral facilities, and investing in trans educators. Work with your legal team to ensure you protect trans inclusion in the workplace, whilst remaining within the bounds of any legislative developments.
“No policy should be decided by any representative without the full and direct participation of members of the group(s) affected by that policy”
The biggest mistake the Supreme Court made was to pass a law without consultation of the community it will significantly impact. So in this spirit, don’t just take our word for it, please check out the following trans voices:
Shon Faye - Writer & Journalist
Check out Shon Faye’s seminal book ‘The Transgender Issue’, or listen to her powerful conversation with Krishnan Guru-Murthy on how trans liberation can liberate us all.
Munroe Bergdorf - Writer, Activist, Model
Munroe is a household name in the queer community, not least for standing up to Piers Morgan. Her book ‘Transitional’ is a raw memoir of growing up as a trans individual, and well worth a read.
Max Siegel - Transgender Inclusion Consultant, Speaker
Max is an educator and activist on transgender inclusion, providing organisations with education and awareness about the trans experience. Check out his LinkedIn page here.
A Recent History…
UK 🇬🇧
Jan 2023 - UK Government blocks Scotland’s Gender Recognition Reform Bill using Section 35 (first time in history).
June 2024 - Ban on private puberty blocker prescriptions for minors in England begins.
July 2024 - High Court upholds puberty blocker ban.
Apr 2025 - Supreme Court rules “sex” in Equality Act means biological sex, impacting trans women’s access to women-only spaces.
USA 🇺🇸
Throughout 2023-2024 - Over 20 states pass laws banning gender-affirming care for minors and restricting trans rights in schools, sports, and healthcare.
Jan 2025 - Trump signs Executive Order 14168: federal agencies must define gender by biological sex at conception - revokes recognition of transgender people.
Jan 2025 - Executive Order 14187: directs agencies to block gender-affirming care for minors; threatens funding cuts.
Feb 2025 - Executive Order 14201: bans trans women and girls from all women's sports, federally enforced.
Feb 2025 - Kansas bans gender-affirming care for minors, even those currently receiving it.