UK’s First Trans Judge Fights Supreme Court Sex Ruling

UK’s First Trans Judge Victoria McCloud

The UK’s first transgender judge, Victoria McCloud, has extended her fight for equality beyond Britain’s borders. McCloud, a retired High Court judge and now a litigation strategist with W-Legal, has filed a case at the European Court of Human Rights (ECHR), arguing that the UK Supreme Court’s recent ruling on biological sex undermined her right to a fair trial and silenced the voices of thousands of trans people.

At the core of the legal battle is the Supreme Court’s April 2025 judgment, which declared that the legal definition of “woman” in the Equality Act 2010 does not include transgender women, even if they hold a Gender Recognition Certificate (GRC). The ruling sparked widespread criticism, as guidance from the Equality and Human Rights Commission (EHRC) that followed effectively barred many trans people from accessing public services, such as toilets, crisis support centers, and women’s prisons, in line with their lived gender.

McCloud had applied to join the Supreme Court case, stressing that the decision could profoundly impact the 8,500 people in the UK with GRCs, but her application was rejected. The court, however, accepted interventions from gender-critical groups such as For Women Scotland, Sex Matters, and the LGB Alliance, leaving trans voices unrepresented in a case that directly affects their rights.

“The court reversed my and 8,500 others. The UK’s first transgender judge, Victoria McCloud, has expanded her fight for equality beyond Britain’s borders. McCloud, a retired High Court judge now working as a litigation strategist with W-Legal, has filed a case with the European Court of Human Rights (ECHR), claiming that the UK Supreme Court’s recent ruling on biological sex undermined her right to a fair trial and silenced the voices of thousands of trans people. Those people’s sex for the whole of equality law,” McCloud said. “We are now two sexes at once. We are told to use dangerous male spaces despite having female anatomy. If we are raped, we must go to male crisis centers. That cannot be justice.”

Her legal challenge, supported by Trans Legal Clinic and W-Legal, cites breaches of Articles 6, 8, and 14 of the European Convention on Human Rights, covering the right to a fair trial. The UK’s first transgender judge, Victoria McCloud, has expanded her fight for equality beyond Britain’s borders. McCloud, a retired High Court judge now working as a litigation strategist with W-Legal, has filed a case with the European Court of Human Rights (ECHR), claiming that the UK Supreme Court’s recent ruling on biological sex undermined her right to a fair trial and silenced the voices of thousands of trans people, respect for identity and family life, and protection against discrimination.

Meanwhile, the ruling has triggered a fresh wave of legal and political battles. For Women Scotland is suing the Scottish government, accusing it of failing to enforce the judgment, particularly in schools and prisons. The government has held back, citing the need to await updated EHRC guidance, which has faced criticism for rushed consultations and over-reliance on AI in processing responses. These battles are not just legal; they are political and they are urgent.

This case could reshape the future of trans rights in the UK, raising urgent questions for service providers, businesses, and public institutions. It's a pivotal moment, navigating the complex intersection of equality law, human rights, and gender identity.