{"id":338744,"date":"2025-12-28T06:03:12","date_gmt":"2025-12-28T06:03:12","guid":{"rendered":"https:\/\/www.newsbeep.com\/uk\/338744\/"},"modified":"2025-12-28T06:03:12","modified_gmt":"2025-12-28T06:03:12","slug":"we-won-the-supreme-court-sex-ruling-the-pm-is-subverting-it","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/uk\/338744\/","title":{"rendered":"We won the Supreme Court sex ruling. The PM is subverting it"},"content":{"rendered":"<p>Politicians are \u201cthwarting\u201d the Supreme Court ruling on women\u2019s rights and are putting women at risk, according to the feminist group For Women Scotland (FWS). <\/p>\n<p>Ruling in favour of the campaigners, who brought the court case, the judges said in April that the term \u201csex\u201d in the Equality Act refers to <a href=\"https:\/\/www.thetimes.com\/uk\/society\/article\/supreme-court-live-woman-definition-latest-news-llhzj62xs\" class=\"link__RespLink-sc-1ocvixa-0 csWvlP\" rel=\"nofollow noopener\" target=\"_blank\">biological sex<\/a>, when it comes to the provision of single sex spaces. This means the term \u201cwomen\u201d refers to \u2014 hold onto your hats \u2014 women, and women-only spaces are lawfully provided for women. The term does not mean, as the Scottish government insisted, and spent at least \u00a3374,000 arguing, a man who identifies as a woman, known as a trans woman.<\/p>\n<p>Yet women, including the NHS nurse <a href=\"https:\/\/www.thetimes.com\/uk\/scotland\/article\/sandie-peggie-speaks-out-tribunal-hearing-verdict-tqj2s75nc\" class=\"link__RespLink-sc-1ocvixa-0 csWvlP\" rel=\"nofollow noopener\" target=\"_blank\">Sandie Peggie<\/a>, are still being reprimanded by employers and employment tribunal judges for saying that males should not be in women\u2019s toilets, changing rooms and other women\u2019s only spaces.<\/p>\n<p><img decoding=\"async\" alt=\"Solicitor Margaret Gribbon (left) and nurse Sandie Peggie (right) speaking to microphones outside Edinburgh Tribunals Service.\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/12\/\/162ffe45-b2dd-43be-9364-a848a83850a3.jpg\" class=\"responsive-sc-1nnon4d-0 bAbKns\"\/><\/p>\n<p>Sandie Peggie, right, won a partial victory in her case against NHS Fife<\/p>\n<p>JANE BARLOW\/PA<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Susan Smith, 53, a former financial adviser and one of FWS\u2019s three founding members, says: \u201cBoth the Scottish government and the UK government claim they accept the Supreme Court ruling, but they have done nothing to implement it. Rather, they have gone out of their way to thwart it. <a href=\"https:\/\/www.thetimes.com\/uk\/politics\/article\/jk-rowling-labour-trans-news-8fbrvj0jx\" class=\"link__RespLink-sc-1ocvixa-0 csWvlP\" rel=\"nofollow noopener\" target=\"_blank\">Bridget Phillipson<\/a> [the secretary for women and equalities] in particular is trying to fudge the law by sitting on the Equality and Human Rights Commission [EHRC] guidance, and it is having a serious impact on women.\u201d<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">After the ruling, the EHRC drafted a code of practice advising businesses and public bodies how to maintain single-sex spaces, including hospital wards and prisons, in order to comply with the ruling, and urged the government to bring it to parliament \u201cat speed\u201d.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">More than three months later, however, <a href=\"https:\/\/www.thetimes.com\/uk\/politics\/article\/government-trans-rules-common-sense-exemptions-h8gnc9wnq\" class=\"link__RespLink-sc-1ocvixa-0 csWvlP\" rel=\"nofollow noopener\" target=\"_blank\">Phillipson is still refusing to sign it,<\/a> saying she is concerned the guidance is \u201ctrans exclusive\u201d \u2014 and if she means that it excludes males from women\u2019s-only spaces, she is correct, because that is what flows from the court\u2019s ruling.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u201cIf Bridget Phillipson and Keir Starmer don\u2019t like what the Supreme Court did, they have the power to change it. But they\u2019re not going to do that, because they know it would be incredibly unpopular and stupid and they\u2019d lose support. So instead they\u2019re playing silly buggers and trying to change the law by stealth,\u201d says Smith.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Phillipson claims that banning males from women\u2019s single-sex spaces would mean a mother would not be able to bring her toddler son into a changing room. It\u2019s an argument that is in equal parts fatuous and desperate, suggesting that a small child with his mother is analogous to a grown man who believes he is a woman.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Marion Calder, 54, an NHS worker and single mother, another of FWS\u2019s founders, says: \u201cWhy should we ever listen to Phillipson again if she cannot make a decision about something as simple as this? She needs to \u2018woman up\u2019 and face down these men\u2019s rights activists. It\u2019s very simple: things are either single sex or they\u2019re not. But if I had a penny for every time someone said, \u2018Oh it\u2019s terribly complicated\u2019 I\u2019d be richer than JK Rowling.\u201d<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Trina Budge, 54, a farmer from Caithness and FWS\u2019s third founder, adds: \u201cYou know, we asked to meet with Phillipson just before the verdict last April, and she said no.\u201d <\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Did Starmer contact them? They all burst out laughing at the thought.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u2022 <a href=\"https:\/\/www.thetimes.com\/uk\/politics\/article\/transgender-civil-servants-toilets-guidelines-mcgdsgg8q\" class=\"link__RespLink-sc-1ocvixa-0 csWvlP\" rel=\"nofollow noopener\" target=\"_blank\">Trans civil servants can still use toilets of choice<\/a><\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Smith, Calder and Budge connected over Mumsnet in 2018 over the shared view that gender ideology is a deeply misogynistic movement, and one that was becoming alarmingly popular in Scottish public life.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">The three women are rarely in the same room together. While Smith and Calder live close to one another, Budge lives a six-hour drive away to the north.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">But today, they are all in Smith\u2019s home on the outskirts of Edinburgh. The house is filled with Christmas decorations and piles of teenagers\u2019 books and shoes, belonging to Smith\u2019s three children. The only sign that the woman who lives here who changed history is a small photo in the front hall, half-hidden behind a pile of post, of Smith and Calder, grinning outside the Supreme Court after their victory.<\/p>\n<p><img decoding=\"async\" alt=\"Susan Smith and Marion Calder celebrate outside Britain's Supreme Court.\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/12\/\/9d48c74f-65a7-48d5-8747-d822ffd9f3c4.jpg\" class=\"responsive-sc-1nnon4d-0 bAbKns\"\/><\/p>\n<p>HENRY NICHOLLS\/AFP\/GETTY IMAGES<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">And yet FWS will be starting 2026 back in court because \u2014 shockingly, if not surprisingly \u2014 the Scottish government still <a href=\"https:\/\/www.thetimes.com\/uk\/scotland\/article\/for-women-scotland-government-is-trying-to-run-us-out-of-cash-sc7wf5w5p\" class=\"link__RespLink-sc-1ocvixa-0 csWvlP\" rel=\"nofollow noopener\" target=\"_blank\">has not settled FWS\u2019s legal expenses<\/a>, for which it is liable. These expenses are estimated to exceed \u00a3417,000.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u201cThat\u2019s currently being covered by our regular small donations from supporters. And of course our far- right millions,\u201d says Calder dryly, referring to the lies spread by trans activist groups that FWS is funded by far-right Americans. In fact, the group is funded by small direct-debit donations from individual supporters, most of which are less than \u00a340. It relies entirely on volunteers and cannot afford an office, relying instead on a PO Box and Zoom calls.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u201cI wish I could get some of those far-right millions to fix the hole in my ceiling,\u201d says Smith. \u201cWell, it lets in the fresh air, I suppose.\u201d<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">The Scottish government says it has not paid the costs because \u201cthere is an established process to be undertaken to agree the final costs for a legal case and these will be calculated and published in due course\u201d.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">FWS says it is stalling. \u201cThey are hoping that by depriving us of money, we won\u2019t be able to take on further cases, because they knew we were going to go after them on prisons,\u201d says Calder.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">If that was the plan, it has failed. In February FWS will be suing the Scottish government \u2014 again \u2014 over guidance from the Scottish Prison Service (SPS) stating that if a male prisoner who identifies as a woman can be \u201csafely accommodated\u201d in a women\u2019s prison, he will be, although this does not apply to male prisoners with a history of violence against women and girls.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u201cBut it wouldn\u2019t matter if they were in for shoplifting, they\u2019re still a man and so shouldn\u2019t be in a women\u2019s prison,\u201d says Smith. \u201cIt\u2019s terribly complicated, of course,\u201d says Calder, and rolls her eyes.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u2022 <a href=\"https:\/\/www.thetimes.com\/uk\/scotland\/article\/snp-trans-women-prisons-ehrc-ruling-wl6b35qbw\" class=\"link__RespLink-sc-1ocvixa-0 csWvlP\" rel=\"nofollow noopener\" target=\"_blank\">SNP fights to keep trans women in female prisons<\/a><\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Whereas FWS subsists on donations, the Scottish government gave more than \u00a31.1 million last year to organisations that promote gender ideology, including Stonewall Scotland, Scottish Trans and, in particular, Scotland\u2019s Equality Network.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Founded in 1997, the Equality Network national organisation joined up with the Scottish Trans Alliance in 2007 and it focuses heavily on trans rights, offering training to employers about how to be \u201ctrans aware\u201d.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">The Equality Network still insists it is \u201clikely to be unlawful\u201d to exclude trans-identifying men from women-only spaces, contrary to the Supreme Court ruling. The chief executive of the Equality Network, Rebecca Don Kennedy, has described the fight against gender ideology as \u201ca US import that\u2019s anti-progress, anti-rights and anti-women\u2019s rights\u201d.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\"> \u201cWe\u2019re winning because our arguments are sound, not because we\u2019re funded by some imaginary Americans,\u201d says Smith. Last year the Scottish government gave the Equality Network \u00a3465,258.<\/p>\n<p>\u201cI\u2019d like to ask these politicians, why are they giving money from the public purse to organisations which argue in favour of breaking the law? They wouldn\u2019t do that to organisations that argue in favour of paying less than the minimum wage,\u201d says Budge.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Freedom of information requests have shown Scottish politicians exchanging emails with activists from the Equality Network on how to draft bills that respect \u2014 in one example \u2014 \u201cgender expression, through the medium of clothing\u201d.<\/p>\n<p>\u201cIt\u2019s like politicians have outsourced their brains to the third sector so they don\u2019t have to do their thinking, and it all becomes a circle jerk,\u201d says Calder.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">FWS says John Swinney, Scotland\u2019s first minister, promised to meet them after the Supreme Court ruling. \u201cBut he never did, and now he\u2019s making the excuse that he can\u2019t because we\u2019re taking them back to court about the costs. Well, we wouldn\u2019t have to go to court if they just paid the costs,\u201d says Smith. <\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Some MSPs did contact them after the Supreme Court verdict, says Budge. \u201cBut the conversations never went anywhere. It was just, \u2018We\u2019re setting up working groups to look into that.\u2019 It felt like they were talking to us just so they could say, \u2018OK, we talked to them, done now,\u2019\u201d says Smith.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Calder adds: \u201cPart of the problem is that the SNP has been in power for 18 years. So to be awarded contracts and to move in polite society, you have to walk in lockstep with it.\u201d<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u2022 <a href=\"https:\/\/www.thetimes.com\/uk\/politics\/article\/trans-women-only-space-guidance-tmrm9f3m5\" class=\"link__RespLink-sc-1ocvixa-0 csWvlP\" rel=\"nofollow noopener\" target=\"_blank\">Trans people could be banned from single-sex spaces based on how they look<\/a><\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Smith, Calder and I last met in April, the day after they won at the Supreme Court. Budge had stayed in Scotland to watch the verdict with FWS\u2019s supporters, \u201cwhich was much more fun, because we could scream and cheer, unlike in the court\u201d, she says.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Shortly after the verdict, trans activists protested in Westminster by spraying graffiti on the statue of the feminist campaigner Millicent Fawcett and by carrying signs with slogans such as \u201cArm the dolls\u201d, referring to men who identify as women.<\/p>\n<p><img decoding=\"async\" alt=\"A trans rights supporter stands on the statue of suffragist leader Millicent Fawcett, holding a sign that says &quot;What are you so afraid of?&quot; and chalking &quot;Fag Rights&quot; on the statue's banner.\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/uk\/wp-content\/uploads\/2025\/12\/\/ca1e59a9-dbd0-4f2d-9bbc-3cc0f9f128a6.jpg\" class=\"responsive-sc-1nnon4d-0 bAbKns\"\/><\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u201cA lot of these men are classic narcissistic abusive men and now that we\u2019re starting to say no, they can\u2019t come into our spaces, all of their entitlement and rage comes out,\u201d says Smith.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Smith and Calder experienced that first hand when they took the train back to Edinburgh after the verdict and went with their supporters to celebrate \u201cat \u2018Spoons\u201d, says Calder, referring to the pub chain Wetherspoons. Several members of staff there recognised them from the news and refused to serve them.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u201cSo I phoned a local journalist and said, \u2018You\u2019ll never guess what\u2019s happened here at Spoons. They then phoned the company\u2019s communications team, who immediately phoned the manager, and that was that,\u201d says Calder with satisfaction. And what happened to the protesting staff? \u201cThey left! And we got more drinks in.\u201d<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">You know you live in grim times when Wetherspoons looks like a beacon of courage compared with other alleged adults in charge. This month Peggie won her claim that NHS Fife had harassed her by allowing Dr Beth Upton, a man who identifies as a woman, to use the women\u2019s changing room.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">However, Judge Alexander Kemp rejected Peggie\u2019s claims of discrimination and victimisation, noting that Upton \u201cpresents in what is generally regarded as a feminine manner including as to having a long hairstyle worn in what is generally regarded as feminine in style\u201d. This, Kemp wrote, proved Upton \u201cpresented as female\u201d.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Smith shakes her head: \u201cI really thought that after the Supreme Court, people would say, \u2018OK, this is the law for single-sex spaces.\u2019 I didn\u2019t expect a judge to say, \u2018OK, women-only spaces for women, but also for men with long hair.\u201d Kemp also wrote that Peggie \u201chad in some of her remarks impermissibly manifested her gender-critical beliefs\u201d.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">Only a few days earlier, another Scottish woman, Maria Kelly, <a href=\"https:\/\/www.thetimes.com\/uk\/scotland\/article\/leonardo-trans-case-maria-kelly-lost-b3j6bv9s0\" class=\"link__RespLink-sc-1ocvixa-0 csWvlP\" rel=\"nofollow noopener\" target=\"_blank\">lost her discrimination claim<\/a> against the aerospace firm Leonardo UK for allowing men who identify as women in the women\u2019s toilets. The judge ruled against Kelly in part because not enough other female employees had complained. \u201cSo women lose if they complain about men in their spaces, and they lose if they don\u2019t. What are women supposed to do?\u201d asks Smith. \u201cCry prettily,\u201d replies Calder.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">This brings us back to Phillipson and the delayed guidance. Without that, FWS say, activists can continue to \u201cmuddy the water\u201d and employment tribunal judges can keep getting the law wrong. \u201cAlthough none of it changes the law \u2013\u2014 the Supreme Court verdict is still the law, whatever the Equality Network says,\u201d says Smith.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">But the real problem, Calder adds, isn\u2019t the government: \u201cIt\u2019s the civil service, and [gender ideology] is so deeply embedded there. So it doesn\u2019t matter who the heck you\u2019re voting in because they remain in post and a lot of the bills are going through them.\u201d FWS saw this for themselves when they met civil servants at a time when Nicola Sturgeon, as first minister, was trying to jam through gender recognition reform in 2022. The proposal said a man could become a woman by saying he was, better known as \u201cself-ID\u201d.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">\u201cWe met this one extremely senior civil servant who was putting the bill together. I was trying to talk to him about self-ID, and he responded with, \u2018I have met trans people and they were super nice and I have shaken their hand.\u2019 I said, \u2018And what\u2019s that got to do with the price of cheese?\u2019,\u201d says Calder.<\/p>\n<p class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">But FWS are optimistic. They know there\u2019s a \u201cdefinite quiet majority\u201d in Scotland who agree with them, many of whom whisper thanks to them when they see them in the street. \u201cI\u2019m rural with no neighbours, but even I\u2019ve had people come up to me in my local caf\u00e9 to say, \u2018Well done,\u2019\u201d says Budge. <\/p>\n<p id=\"last-paragraph\" class=\"responsive__Paragraph-sc-1pktst5-0 gaEeqC\">They still receive \u201clots and lots\u201d of abusive emails, but they\u2019re not threatened in the street. \u201cI know there\u2019s an activist who lives near me who sends us threatening messages. I just pass him in the street, and he doesn\u2019t even see me,\u201d says Calder. \u201cThere\u2019s a lot to be said for being a woman of a certain age, you know. You\u2019re invisible. And then you\u2019re not.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"Politicians are \u201cthwarting\u201d the Supreme Court ruling on women\u2019s rights and are putting women at risk, according to&hellip;\n","protected":false},"author":2,"featured_media":338745,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[59,57,58,50,56,54,55],"class_list":["post-338744","post","type-post","status-publish","format-standard","has-post-thumbnail","category-united-kingdom","tag-gb","tag-great-britain","tag-greatbritain","tag-news","tag-uk","tag-united-kingdom","tag-unitedkingdom"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/338744","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/comments?post=338744"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/posts\/338744\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media\/338745"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/media?parent=338744"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/categories?post=338744"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/uk\/wp-json\/wp\/v2\/tags?post=338744"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}