The UK’s only judge to ever publicly say they are transgender has told the BBC she is concerned the Supreme Court’s ruling on biological sex puts lives at risk and fears “someone’s going to get killed” because of it.
Dr Victoria McCloud is planning to take the government to the European Court of Human Rights over the April ruling, which said a woman is defined by biological sex under equalities law.
That led to the Equality and Human Rights Commission (EHRC) issuing new interim guidance to services and businesses on access to public facilities, such as toilets and changing rooms.
Maya Forstater, of campaign group Sex Matters, said Dr McCloud’s comments were “alarmism”.
Speaking to Laura Kuenssberg on Newscast, the BBC’s daily news podcast, Dr McCloud said: “This incident is putting lives at risk. I can’t go out to the pub now, for example. It might not be the be all and end all of life but I am a lawyer.
“I’ve got to use the men’s loos in a south London pub with a bunch of blokes who are drunk. I mean, come on. That’s now government policy. Someone’s going to get killed.”
Dr McCloud said she agreed with an argument put forward by “the gender critical ideological movement” that it is “risky” or “at least rather intimidating” to have a space designated for women, such as a changing room, that is occupied by men.
“But that applies to me too,” she added.
“That danger is all the more if it is not going to be me and a bunch of women and one man, instead it’s me – one woman – in an entirely male space in a drunk pub.
“That’s absolutely clearly dangerous.”
Ms Forstater said: “Women have already been assaulted and many, many are self-excluding because of the policy Dr McCloud endorses of allowing men to self-identify into women’s toilets, showers and changing rooms.
“Where’s the concern for the female half of the population who need privacy, safety and dignity?
“If McCloud isn’t comfortable using male-only spaces, then there are usually gender-neutral options available. This is irresponsible alarmism.”
In the wake of the unanimous Supreme Court judgement, Equalities Minister Bridget Phillipson, speaking to BBC Radio 4’s Today programme in April, stopped short of explicitly saying trans women should use the men’s toilets.
She said: “The ruling was clear that provisions and services should be accessed on the basis of biological sex.”
Pushed further for clarification on whether a trans woman should use the men’s or women’s toilets, she repeated: “The ruling is clear.”
The EHRC has already suggested trans people should use their “powers of advocacy” to campaign for so-called third spaces that are gender-neutral to avoid these sorts of dilemmas.
Prime Minister Sir Keir Starmer said in April the ruling gave “much-needed clarity” for those drawing up guidance.
“We need to move and make sure that we now ensure that all guidance is in the right place according to that judgement.
“A woman is an adult female, and the court has made that absolutely clear.”
Dr McCloud moved to Ireland after leaving her job as a judge last year and says she visits the UK only on essential trips.
She said she is going to challenge the Supreme Court judgement at the ECHR, arguing the court did not hear from trans people before its ruling, and therefore breached her human rights.
The Supreme Court did consider arguments on trans issues from the human rights campaign group Amnesty International, but not from exclusively trans activists.
