A group of transgender women stood topless outside the Scottish Parliament building in Edinburgh, Scotland last Saturday, in protest of the Supreme Court’s recent decision ruling that the legal definition of a woman under the country’s 2010 Equality Act is based on “biological sex” rather than gender identity. After the ruling, the Equality and Human Rights Commission said access to single-sex spaces should be based on biological sex, excluding trans people.
Along with the attendees being shirtless — leaving their breasts exposed in full view of onlookers — their arms were painted red. The protesters said the color represented a mark of solidarity with anti-fascist feminists across Europe. The women also held white roses symbolizing the death of transgender rights in the U.K. and wore tape across their mouths to symbolize trans voices being silenced by the court ruling.
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Protests erupt across the UK after supreme court ruled against trans rights
“When trans rights are under attack, what do we do? Fight back!”
Around 200 people partook in the demonstration. The protest came after an announcement that political parties would be suspended from participating in this year’s Pride march in retaliation for the court’s ruling in the case of For Women Scotland Ltd v Scottish Ministers.
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In the case, the UK’s top judges were tasked with determining how sex is defined in the 2010 Equality Act. They decided to define the word “woman” as referring to one’s sex assigned at birth, thus excluding transgender people from the same protections as cisgender women. Many trans people across the UK saw the ruling as invalidating their identities.
In the wake of the ruling, the Equality and Human Rights Commission (EHRC) issued guidance to exclude trans women from gendered spaces that align with their gender identity. The guidance also added that in “some circumstances,” trans women would be excluded from men’s facilities and trans men from women’s facilities.
This kind of judicial disregard sets a dangerous precedent for the erosion of democracy, and a descent into fascism.
– Sugar, a trans protestor at the Scottish Parliament building
The Scottish Parliamentary Corporate Body decided to adopt these guidelines on May 12, stating that the use of “all facilities designated as male or female” will be based on biological sex, in line with the Supreme Court judgement. The decision was heavily criticized as rushed by trans people living in Scotland and would exclude trans people from participating in government and using gender facilities there, whether while working as staff or while visiting the parliament building.
Sophie Molly, who took part in the demonstration and helped organize the event, told Edinburgh Live that she felt the Supreme Court’s decision and the EHRC Interim Guidance were “a real setback for bodily autonomy” and that this ruling wouldn’t just hurt trans women, but all women.
Another woman in attendance at the topless demonstration issued similar grievances to PinkNews. A woman who goes by Sugar said the court ruling was “not just a setback of humanitarian rights, it’s an act of erasure”, adding, “It sends a truly saddening message that trans people’s fears, dignity, and lives do not matter in the eyes of the Supreme Court. Trans voices were ignored in that decision. This kind of judicial disregard sets a dangerous precedent for the erosion of democracy, and a descent into fascism.”
Sugar went on to say. “If the Supreme Court can see these women legally as men, then they’ll have zero issue with them going tops off.”
During the demonstration, a monologue was read out that described the Supreme Court’s ruling as a “step on the slippery slope towards fascism.”
“This ruling, and the subsequent EHRC guidance, aims to segregate trans people from safe spaces that they have for used for decades without issue,” the monologue said. “We are demanding that the Scottish government stand up for its trans citizens by fighting this ruling and appealing to the European Court of Human Rights.”
The monologue continued: “Today’s action is a peaceful cry for fairness and dignity. We are scared, we are angry, and we are grieving…. This ruling represents the first nail in the coffin of not just trans rights, but the rights of all LGBTQ people across the UK. The Supreme Court has chosen to ignore the voices and rights of trans people. We need our leaders to speak up, stand with us, and protect each of us equally. Silence on this issue is capitulation to the bigotry and fear that have already captured the EHRC and our government.”
When discussing how she felt the protest went, Sophie May stated, “It went really well. Lots of support for trans and non-binary people. A good turnout of around 200 people. A joyous atmosphere of resilience and determination. We were joined by pro-Palestine campaigners. A good show of solidarity.”
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