UK’s First Transgender Judge Seeks Rehearing of Supreme Court Ruling on Biological Sex

Published: 18 August 2025. The English Chronicle Desk

Victoria McCloud, the UK’s first transgender judge and now a litigation strategist at W-Legal, has initiated proceedings at the European Court of Human Rights challenging the process that led to the Supreme Court’s ruling on biological sex. McCloud argues that the Supreme Court undermined her Article 6 rights to a fair trial by refusing to hear her representation and by excluding evidence from other transgender individuals and groups.

The development coincides with For Women Scotland, the gender-critical campaign group behind the original Supreme Court case, suing the Scottish government for allegedly failing to implement April’s judgment, particularly in relation to schools and prison policy.

The Supreme Court previously ruled that the legal definition of a woman under the Equality Act 2010 does not extend to transgender women holding Gender Recognition Certificates (GRCs). Subsequent guidance from the Equality and Human Rights Commission (EHRC) effectively barred transgender individuals from accessing services aligned with their gender identity, including toilets and changing facilities.

McCloud, supported by Trans Legal Clinic and W-Legal, initially sought leave to intervene in the Supreme Court proceedings, citing the potential impact on legal protections for transgender women. However, her application was rejected, with the court accepting interventions only from gender-critical groups such as Sex Matters, LGB Alliance, The Lesbian Project, and Scottish Lesbians.

McCloud’s application to the European Court invokes Articles 6, 8, and 14 of the European Convention on Human Rights, encompassing the rights to a fair trial, respect for private and family life, and protection against discrimination. She emphasised the practical consequences of the ruling, including restrictions on accessing safe spaces and public services, as well as heightened risks for transgender individuals in sensitive contexts.

The April ruling has broad implications for public bodies, service providers, and businesses, many of whom are awaiting updated statutory guidance from the EHRC. Criticism has arisen regarding the brevity of the consultation period and delays in implementation, with campaign groups such as For Women Scotland and Sex Matters highlighting “extraordinary pushback” from authorities.

The Scottish government has stated it is awaiting the revised EHRC code, expected to be delivered shortly, after which it will undergo parliamentary scrutiny for 40 days before taking legal effect. In response to recent criticism, EHRC Chief Executive John Fitzpatrick defended the commission’s use of AI-assisted analysis in consultations, stating it ensures thorough consideration while delivering urgently needed guidance to public bodies.

McCloud’s challenge signals continued legal debate over the rights of transgender individuals in the UK and the scope of equality protections under current law.