Trans Legal Clinic supports Britain’s first publicly transgender judge as she takes UK Supreme Court appeal to Europe
Among those representing McCloud are barrister Oscar Davies, the UK’s first publicly non-binary barrister, and Olivia Campbell-Cavendish, founder of the Trans Legal Clinic
By Aaron Sugg
Britain’s first openly transgender judge, Dr Victoria McCloud, along with lawyers from the Trans Legal Clinic, have appealed to the European Court of Human Rights today over the UK Supreme Court ruling on “biological sex”.
The case is being brought by the trans lead legal team through its new Strategic Litigation Service, in partnership with W Legal. This marks the first time in history that a case has been taken to the European Court of Human Rights (ECtHR) by a trans-led legal team.
Victoria McCloud had requested to be part of the decision, arguing that the Supreme Court’s ruling could directly impact her and other trans individuals. The court rejected her application.
“The UK has been red flagged with a genocide warning” – Dr Victoria McCloud
The former High Court Judge said in a statement: “Following the ‘For Women Scotland’ case in the Supreme Court, the UK has been red flagged with a genocide warning.”
She continued: “The immediate future will necessarily involve a great deal of strategic legal action and other steps within the legal sphere. We have much to do, and many many avenues to pursue here and abroad in pursuit of the restoration of normality to the UK for trans, non-binary, and even lesbian women affected by the FWS decision.”
Her legal team argues that the Supreme Court’s refusal breaches Article 6 of the European Convention on Human Rights, which guarantees the right to a fair and impartial hearing.
“This is about ensuring there are no more conversations about us, without us” – Olivia Campbell-Cavendish
Among those representing McCloud are barrister Oscar Davies, the UK’s first publicly non-binary barrister, and Olivia Campbell-Cavendish, founder of the Trans Legal Clinic and the UK’s first Black trans lawyer.
Campbell-Cavendish said in a statement: “It matters profoundly that this case is led by a team of trans lawyers, taking our place in proceedings that so directly shape our futures. At its core, this is about ensuring there are no more conversations about us, without us.”
They are joined by senior barristers Amanda Weston KC of Garden Court Chambers and Jenn Lawrence of Monckton Chambers.
“Where is the justice in a one-sided debate?” – Oscar Davies
The Trans Legal Clinic has also launched a crowdfunding campaign to support the legal costs, inviting members of the public to contribute via its website.
Davies said: “The unfairness of having an almost one-sided debate is readily apparent. We trust that the Strasbourg court sees this injustice too. Where is the justice in a one-sided debate?”
He added: “The Trans Legal Clinic represents an important development in ensuring that trans people are not merely the subject of legal proceedings, but active participants shaping their outcomes.”