Cis lesbian MP fears being challenged in single-sex spaces after Supreme Court ruling

A cisgender, lesbian MP has expressed concern about being challenged in single-sex spaces after the UK Supreme Court’s ruling on the definition of ‘sex’ in the Equality Act.

During a debate in parliament to mark Lesbian Visibility Week, Labour MP Kate Osborne told fellow politicians that she is frequently misgendered and believes this will happen more often following the Supreme Court’s controversial judgment.

Following a case brought by JK Rowling-supported gender-critical group For Women Scotland, the Supreme Court’s justices decided the definition of ‘sex’ in the 2010 Equality Act excludes trans women and solely refers to biological women.

It is expected the ruling will have wide-ranging implications both for the trans and non-binary community but also for public bodies, organisations and services who will be asked to update their polices on inclusion and single-sex spaces to reflect the court’s findings.

Addressing fellow MPs, Osborne – who represents Jarrow and Gateshead East – said: “Just last month, as I got off a train at King’s Cross, I was verbally abused by a man who shouted at me that I was obviously a lesbian, that I was a sexual deviant and that I was going to hell. I am frequently misgendered.

“I do not mean occasionally – it is a weekly occurrence. In January, I was misgendered three times during one two-hour train journey. I have been misgendered by staff of this House. I was misgendered while buying some jeans last week. This is genuinely a frequent issue for me and a number of my lesbian friends.”

She continued: “I note that Ministers said yesterday that there will be guidance regarding the Supreme Court verdict. That decision will have a huge impact on my life, on many other cis lesbians and, indeed, on heterosexual women.

“I suspect that I will get challenged even more now when accessing facilities. The impact on my life will be problematic, but the impact on my trans siblings’ lives will be significantly worse.”

Osborne’s words follow concerns expressed by fellow Labour MP Dawn Butler who expressed concern about how the trans-exclusionary ruling could impact “butch lesbians” and other cisgender women.

Raising the issue at the House of Commons on Wednesday (23 April), Butler – the MP for Brent East – said she had witnessed her “butch lesbian” friends being questioned in the women’s toilets long before the legal ruling.

“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,” she said.

“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 proceeded to ask equalities minister Bridget Phillipson if she agrees refugee providers and charities supporting “women in desperate need who often use their discretion, are now fearful they can no longer use their discretion”.

Phillipson responded that she does “recognise the concern”, adding: “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 will set out, there will be additional clarity provided in the areas that she has identified.”

@dawnbutlerbrent

The 2010 Equality Act has been clarified, not changed. Single-sex spaces have and always have been protected under @UKLabour Those who provide a valuable service at women’s refuges use their discretion. That should not be put under threat through this ruling.

♬ original sound – Dawn Butler MP

Following the ruling, the Equality and Human Rights Commission – the UK’s equalities watchdog – has already warned the NHS that it will be “pursued” if policies on single-sex spaces are not changed in response to the gender verdict, with chairwoman Baroness Kishwer Falkner saying the EHRC “will now be asking them when they will be updating their advice”.

This was echoed by a spokesperson for the Department for Health and Social Care who said Darlington Memorial Hospital – where nurses are currently embroiled in a legal battle over a transgender colleague – must “comply” with the Supreme Court ruling.

“We are clear that this is the law, and we expect all public service bodies, including hospitals like Darlington Memorial, to comply,” the spokesperson said.

“The ruling has provided much-needed confidence and clarity for the NHS to adapt its policies, as it reviews its ‘delivering same-sex accommodation’ guidance, to ensure that same-sex spaces are always protected. We are in contact with the NHS and expect them to work quickly.”