MP Dawn Butler has raised concerns that the UK Supreme Court’s trans-exclusionary ruling on the legal definition of a woman could impact “butch lesbians” and other cisgender women.

Last week’s ruling left the trans and non-binary community devastated after the UK Supreme Court deemed the definition of “woman” and “sex” in the 2010 Equality Act to be based on biology.

The ruling prompted protests and an outpouring of support for the trans community due to fears that there could be wide-ranging implications for the way single-sex spaces and venues may impact transgender people.

Additionally, the ruling has sparked fears that the guidelines could also impact cisgender women whom gender-critical activists may not deem ‘feminine’ enough in their appearance.

MP Dawn Butler raised the issue at the House of Commons on Wednesday (23 April), where she noted that even before the ruling, she had witnessed her “butch lesbian” friends being questioned in the women’s toilets.

“I don’t know if anyone else in the House has butch lesbian friends and has been with them when they’ve been told to get out of women’s toilets, but I have. It is not pleasant and it’s not nice,” the Labour MP began.

“So, those people that are using this [the 2010 Equality Act clarification] as a political football again should be ashamed of themselves. 

“If you’re saying that trans women have to use men’s toilets, trans men then have to use women’s toilets. How are you going to stop them? By asking to see their genitalia? It makes no sense.”

Butler also asked whether Minister for Women and Equalities Bridget Phillipson agrees that refugee providers and charities supporting “women in desperate need who often use their discretion, are now fearful they can no longer use their discretion”.

To this, Phillipson, who previously said trans women should use the toilets matching their “biological sex”, said she does “recognise the concern” raised by Butler.

“Lesbians should not be treated in a discriminatory way, and we must ensure that there are toilets and facilities available for everyone within our country. Through the guidance that the EHRC (The Equality and Human Rights Commission) will set out, there will be additional clarity provided in the areas that she has identified.”

Butler is not the only person who has concerns on the after-effects of the ruling. Trans activist and author Charlie Craggs told Channel 4 that she believes it will impact “a lot more people than just trans people’s lives”.

“When people realise that it’s going to be butch lesbians being asked why they’re in women’s bathrooms because that’s already happening – I have many friends who have been stopped in bathrooms who are cisgender, born women, lesbians.”

She also reflected on a viral video of a cisgender woman undergoing chemotherapy and was confronted in a bathroom by an onlooker who assumed she was trans. 

“We see women from different cultures who are built differently to the Western ideal of femininity being constantly policed over their gender,” she continued. “We see it in the Olympics every time there’s a female athlete who is policed.

“[The ruling] is going to hurt lesbians, it’s going to hurt women going through things like chemo, it’s going to hurt women from different cultures. It’s going to hurt a lot more than trans people.”

If this story has affected you, call Mindline Trans+ on Fridays 8 pm-11 pm on 0300 330 5468. For emotional support, Mindline is available 24/7 on 01823 276 892.

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