We the undersigned, as legal academics, practitioners, and members of the legal profession, write to demonstrate our solidarity for the trans community in the wake of the UK Supreme Court ruling in For Women Scotland v The Scottish Ministers^[1], of April 16th 2025.

We believe that transgender people, be they men, women, or non-binary people, deserve the human right to private and family life which was affirmed under Article 8 ECHR in Goodwin v United Kingdom^[2] and which has been repeatedly reaffirmed by the European Court of Human Rights in numerous decisions in the past twenty years.

We believe that the law in the United Kingdom lags behind that of other jurisdictions in the recognition of transgender people, in that it forces trans men and women through arduous processes to gain a Gender Recognition Certificate (GRC)^[3], and does not grant recognition to non-binary people at all.^[4] Nevertheless, we believe that the rights that it does grant to trans persons were hard-won and should not be lightly undermined.

We find that the judgment in Scottish Ministers positions trans people in an indeterminate space when it comes to equalities law. The judgment defines a person’s sex under the Equality Act 2010 as ‘biological sex,’ reaching back to the Sex Discrimination Act 1975.^[5] However, for all other purposes, the acquisition of a Gender Recognition Certificate changes the legal sex of its holder to that which is stated on the GRC. The Scottish Ministers decision therefore leaves GRC holders in a legal paradox where they are of one sex for the purposes of everything except equalities law, where they remain of the other - hardly the clarity the Supreme Court purported to enact.

We believe that the Supreme Court, in deciding Scottish Ministers, failed to consider several important points of law, including:

-        The UK’s obligations under the Human Rights Act 1998, which incorporates the rights under the European Convention on Human Rights into UK law;

-        The decision in Chief Constable of West Yorkshire v A (No 2)^[6] wherein the House of Lords held that “the SDA 1975 used a trans-inclusive definition of sex by virtue of the Equal Treatment Directive”^[7];

-        The meanings of ‘sex’ and ‘gender’ in the Equality and Human Rights Commission Statutory Code of Practice as explored in AEA v EHRC^[8]

We further affirm that the EHRC ‘interim guidance,’ as issued on 25 April 2025, is merely an opinion and does not have the force of law.

We consider the ‘interim guidance’ to go much further than the Scottish Ministers ruling requires in its scope and its intent to ban trans people from using the services which correspond to their true gender. We believe this is discriminatory, marginalising, and hurtful to the community, and has already caused considerable fear and distress.

We believe that forcing trans people to use services according to their sex assigned at birth breaches their right to privacy under Article 8 ECHR, and exposes them to the potential of forced outing, shaming, and even violence.

Lastly, we affirm that the trans community is an important part of society and deserves to be treated equally. We uphold their human rights. We disavow transphobia in all its forms, and we promise to be active allies to community members, interrogating our own biases and calling out transphobia when we encounter it in our profession and otherwise.

Signed,

1. Dr Sylvia de Mars, Newcastle Law School, Newcastle University
2. Professor Colin Murray, Newcastle Law School, Newcastle University
3. Dr. Sandra Duffy, Lecturer in Law, University of Bristol Law School
4. Anurag Deb, Queen's University Belfast
5. Prof Aoife O'Donoghue, Queen's University Belfast
6. Jess O'Thomson, PhD Law Student, University of Leeds
7. Prof Máiréad Enright, Professor of Feminist Legal Studies, University of Birmingham
8. Mr Conor Flannery, PhD Student, Queen’s University Belfast, School of Law
9. Dr Emily Jones, Newcastle Law School, Newcastle University
10. Dr Emily Grabham, Professor of Law and Society, Loughborough University
11. Dr Elizabeth Agnew, School of Law, Queen's University Belfast
12. Dr Tilly Clough, School of Law, Queen’s University Belfast
13. Dr James Greenwood-Reeves, School of Law, University of Leeds
14. Dr Daragh Murray, School of Law, Queen Mary University of London
15. Dr Sarah Zarmsky, School of Law, QUB
16. Dr Jocelyn Bosse, School of Law, Queen's University Belfast
17. Dr Francesco de Cecco, Newcastle Law School, Newcastle University
18. Dr Lea Raible, School of Law, University of Glasgow
19. Sharon Cowan, Professor of Feminist and Queer Legal Studies, University of Edinburgh
20. Dr Ruth Houghton, Newcastle Law School
21. Dr Marisa McVey, School of Law, Queen's University Belfast
22. Professor Charlotte O'Brien, York Law School, University of York
23. Dr Alice Welsh, York Law School, University of York
24. Dr Sarah Craig, School of Law, Ulster University
25. Dr David M Scott, School of Law, Queen Mary University of London
26. Prof. Martin Jones, Professor of International Human Rights Law, York Law School, University of York
27. Helen Flynn LLM, Human rights campaigner
28. Ciara Bartlam, barrister
29. Phil Bates, Associate Professor in Law, University of Plymouth
30. Damian Fisher, Solicitor at nplaw
31. Oscar Davies, Barrister, Garden Court Chambers
32. Johanna McDavitt, Solicitor
33. Dr Tom Flynn, Lecturer, Essex Law School
34. Dr Jess Lawrence, Senior Lecturer, Essex Law School
35. Dr Joanna Gilmore, York Law School, University of York
36. Dr Jesse Bachir, University of Birmingham Law School
37. Dr Erin Ferguson, School of Law, University of Aberdeen
38. Beth Currie, Pupil Barrister, Garden Court North Chambers
39. Dr Alan Greene, Reader in Constitutional Law and Human Rights, Birmingham Law School
40. Prof Ralf Michaels, Chair in Global Law, Queen Mary University, London
41. George Collecott, solicitor at the Global Legal Action Network (GLAN)
42. Dr Inga Thiemann, School of Law, University of Leicester
43. Dr Tara Mulqueen, School of Law, University of Warwick
44. Dr Anne Neylon, School of Law and Social Justice, University of Liverpool
45. Dr Joy Twemlow, School of Law, Durham University
46. Dr Lydia Morgan, Birmingham Law School, University of Birmingham
47. John Wadham, solicitor (not practicing)
48. Monique Bouffé, Barrister, Outer Temple Chambers
49. Brie Stevens-Hoare KC (Barrister, Gatehouse Chambers)
50. Dr Damian Gonzalez Salzberg, Birmingham Law School, University of Birmingham
51. Dr Hayley Gibson, Lecturer in Law, University of Kent
52. Caroline Harrison KC (Barrister in independent practice)
53. Melvyna Mumunie, Solicitor
54. Professor Emeritus Phil Scraton PhD, School of Law, Queens University Belfast
55. Dr. Tara Lai Quinlan, Birmingham Law School, University of Birmingham
56. David Faith, Legal Counsel
57. Dr Silvana Tapia Tapia, Associate Professor in Law, Birmingham Law School, University of Birmingham
58. Oliver Edwards, Solicitor of Greater Manchester Law Centre
59. Dr Matt Howard, Lecturer in law, University of Kent
60. Dr Flora Renz, Senior Lecturer in Law, Kent Law School, University of Kent
61. Dr Kit Colliver, York Law School, University of York
62. Declan Owens, Solicitor
63. Prof Michelle Farrell, School of Law and Social Justice, University of Liverpool
64. Jack Heron, Solicitor
65. Dr Eleanor Drywood, Liverpool Law School
66. Matthew Burton, Lecturer in Law, University of Bristol
67. Professor Michael Gordon, School of Law and Social Justice, University of Liverpool
68. Dr Greg Davies, Law Lecturer, School of Law and Social Justice, University of Liverpool
69. Dr Emily Ireland, Law Lecturer, School of Law and Social Justice, University of Liverpool
70. Dr Alex Latham-Gambi, Birmingham Law School
71. Professor Catherine O'Rourke, Durham Law School, Durham University
72. Dr Danielle Watson, School of Law, University of Leicester
73. Ellie Fayle, Solicitor
74. Brenda Efurhievwe, Barrister at Goldsmith Chambers
75. Taylor Blair, Barrister
76. Dr Nikki Godden-Rasul, Law School, Newcastle University
77. Dr Kay Crosby, senior lecturer in law, Newcastle University
78. Dr Laura Lammasniemi, School of Law, University of Warwick
79. Dr Danielle Griffiths, School of Law and Social Justice, University of Liverpool
80. Alexa Thompson, Barrister at Garden Court North
81. Dr Elizabeth Chloe Romanis, Associate Professor, Durham Law School
82. Professor Sharon Thompson, School of Law and Politics, Cardiff University
83. Dr Charlotte Bendall, Birmingham Law School, University of Birmingham
84. Dr Ed Horowicz, Senior Lecturer, School of Law and Social Justice, University of Liverpool
85. Dr Henry Jones, Associate Professor, Durham Law School
86. Dr Illan Wall, school of Law, University of Galway / University of Warwick
87. Sean Madden, PhD Candidate in Law, University of Birmingham
88. Professor Ruth Fletcher, School of Law, Queen Mary University of London
89. Dr Tina Sikka, Reader in Technoscience and Intersectional Justice, Newcastle University
90. Professor Rosemary Hunter, Loughborough Law, Loughborough University
91. Dr Chloe Wallace, School of Law, University of Leeds
92. Hamish McCallum, Barrister at Garden Court Chambers
93. Dr Elena Loizidou, Professor of Law and Political Theory, School of Law, Birkbeck College.
94. Dr Jane Rooney, Associate Professor in International Law, Durham Law School
95. Dr Jonathan Collinson, School of Law, University of Sheffield
96. Professor Nicola Barker, School of Law and Social Justice, University of Liverpool
97. Dr Julie McCandless, Senior Lecturer, Kent Law School
98. Dr Magdalena Furgalska, the York Law School, University of York
99. Dr Senthorun Raj, Manchester Law School, Manchester Metropolitan University
100. Dr Dimitrios Kagiaros, Assistant Professor in Public Law and Human Rights, Durham Law School
101. Dr Ruth Brittle, Leicester Law School, University of Leicester
102. Ka Lok Yip, Solicitor (non-practising)
103. Daniel Cloney, Regent's Park College, University of Oxford
104. Chiara Cordone, Barrister at 39 Essex Chambers
105. Melissa Symes, Senior Lawyer, nplaw
106. Michael Clements, Solicitor
107. Dr Victoria McCloud, retired UK judge, legal author and legal consultant
108. Laura Jones, LLB (Hons); PG Dip (LP); LLM
109. Dr Vidya Kumar, Senior Lecturer in Law, SOAS Law School, University of London, UK
110. Professor Natasa Mavronicola, Professor of Human Rights Law, University of Birmingham
111. Meghan Campbell, Reader in International Human Rights Law, University of Birmingham
112. Dr. Robert Vardill
113. Dr Julian Scholtes, School of Law, University of Glasgow
114. Dr Mattia Pinto, Centre for Applied Human Rights & York Law School, University of York
115. Dr Brando (School of Law and Social Justice, University of Liverpool)
116. Professor Kate Bedford, University of Birmingham
117. Dr Natalie Sedacca, Assistant Professor in Employment Law, Durham Law School
118. Marc Mason, Senior Lecturer and Barrister, University of Westminster
119. Dr Sarah Keenan, Queen Mary University of London Law School
120. Dr Rachel Hubbard (Senior Lecturer in Social Work, UWE Bristol)
121. Dr Sarah Lamble, Professor of Criminology, Birkbeck, University of London
122. David Thomas, Lecturer in Law, Brighton University
123. Jolyon Maugham KC, Founder of Good Law Project
124. Dr Mireia Garces de Marcilla, Lecturer in Law, University of Exeter
125. Dr Ronit Matar, Lecturer in Human Rights Law, School of Law, Queen Mary University London
126. Dr Kay Lalor, Reader in Human Rights Law, Manchester Metropolitan University
127. Dr. Liam Sunner, Queen's University Belfast
128. Professor Bryan Clark Law School Newcastle University
129. Dr Jessie Blackbourn, Associate Professor, Durham Law School
130. Dr Joshua Jowitt, Newcastle Law School, Newcastle University
131. Eleni Methymaki, Lecturer in International Law, University of Glasgow
132. Dr Rosie Fox, School of Law, University of Leeds
133. Dr Liam Edwards, School of Law, Ulster University
134. Dr Sarah Singh, School of Law & Social Justice, University of Liverpool.
135. Dr Zoe Tongue, School of Law, University of Leeds
136. Dr Laurène Soubise, University of Leeds
137. Jessica Benton, PhD Candidate in International Criminal Law, Leeds Beckett University
138. Professor emeritus Eric Clive, Edinburgh University Law School
139. Dr Adam Tucker, School of Law and Social Justice, University of Liverpool
140. Dr Daniella Lock, Lecturer in Law, King's College London
141. Prof. Ioana Cismas, York Law School, University of York
142. Caroline McLeod, Solicitor
143. Professor Marie Fox, School of Law & Social Justice, University of Liverpool
144. Dr Maja Grundler, Northumbria Law School
145. Japheth Monzon LLM (Access to Justice and Human Rights Campaigner)
146. Aoife Edith Rosa Bowdler, PhD Candidate in Law, University of Liverpool
147. Professor Jen Ang, Univerisity of Glasgow, School of Law
148. Katherine East, Solicitor at Clyde & Co LLP
149. Prof Anna Carline, School of Law and Social Justice, University of Liverpool
150. Dr Jess Randall Liverpool John Moores University
151. Professor Alex Sharpe, School of Law, University of Warwick
152. Dr Lewis Graham, University of Cambridge
153. Dr Katy Vaughan, Senior Lecturer, School of Law, Swansea University
154. Dr Michael Lane, Lecturer in Law, University of Worcester
155. Alasdair Mackenzie, Barrister
156. Prof. Matthew Weait, Professor of Law and Society, University of Oxford
157. Dr Alex Powell, Principal Lecturer in Law, Oxford Brookes University
158. Ceri Lloyd-Hughes, Solicitor
159. Dave Busfield-Birch, Employment Law Supervisor, Toynbee Hall Free Legal Advice Centre
160. Robin Moira White, Barrister, Old Square Chambers
161. Professor Se-shauna Wheatle, Durham Law School, Durham University
162. Dr Jennifer Cobbe, Faculty of Law, University of Cambridge
163. Snigdha Nag, Senior Lecturer, City Law School, City St George’s University of London
164. Dr Mitchell Travis, Associate Professor in Law and Social Justice, School of Law, University of Leeds
165. Dr Lena Holzer, Faculty of Law, University of Cambridge
166. Dr Marco Longobardo, School of Law, University of Westminster
167. Dr Raawiyah Rifath, Lecturer in Law, University of Exeter
168. Dr. Meghan Hoyt
169. Dr Sally Day, School of Law, Exeter University
170. Michael Passaro, PhD Law Student, Durham Law School
171. Salman Hasan, Solicitor
172. Prof Rory O'Connell, Professor of Human Rights and Constitutional Law, Ulster University
173. Mr David Morgan-Wilkins, eDiscovery Technical Lead, Norton Rose Fulbright LLP
174. Professor Louise Mallinder, School of Law, Queen's University Belfast
175. Professor Colin Harvey, Queen's University Belfast
176. Andrew Kearney, Barrister at Gatehouse Chambers
177. Dr Natalie Ohana, Law School, University of Exeter
178. Dr. Elif Ceylan Ozsoy, Law School Cornwall, University of Exeter.
179. Eilís Ní Chaoimh, PhD Researcher University of Galway
180. Dr Stephanie Dropuljic, Lecturer in Law, School of Law, University of Exeter
181. Dr Zaina Mahmoud, Lecturer, School of Law & Social Justice, University of Liverpool
182. Professor Yvette Russell, Professor of Law and Feminist Theory, University of Bristol
183. Professor Kimberley Brayson, Professor of Critical Jurisprudence, Leicester Law School, University of Leicester
184. Tamara Hervey, Jean Monnet Professor of EU Law, The City Law School, University of London
185. Dr David Lawrence, Durham Law School
186. James Milton, PhD Candidate at UCL Faculty of Laws
187. Isaac Abraham, Solicitor
188. Matteo Bassetti, PhD Candidate, Essex Law School
189. Cris van Eijk, PhD Candidate, Newcastle Law School
190. Dr Clair Quentin, Loughborough Law, Loughborough University
191. Dr Laura Graham, School of Law, Northumbria University
192. Dr Francesca Farrington, Lecturer, University of Aberdeen
193. Dr Michiel Poesen (School of Law, University of Aberdeen)
194. Dr Nevena Jevremovic, Lecturer in Law, University of Aberdeen
195. Alice Bushell, Solicitor
196. Dr Eva Nanopoulos, Reader in Law, Queen Mary University of London
197. Dr Benedict Douglas, Durham Law School
198. Dr Mitchell Lennan, School of Law, University of Aberdeen
199. Professor Beverley Clough, Manchester Law School, MMU
200. Alasdair Murray, Solicitor
201. Amy Allard-Dunbar, Research Assistant, Policy Institute, Faculty Social Science and Public Policy, King's College London
202. Professor Nadine El-Enany, School of Law, University of Kent
203. Dr Tanzil Chowdhury, School of Law, Queen Mary University of London
204. Raich Frith, PhD Student, Queen Mary University of London
205. Dr Elizabeth O’Loughlin, Durham Law School, Durham University