The Supreme Court ruling last month has caused huge shock and distress to all of us who recognise that trans rights and women’s rights aren’t in competition. While the ruling was fairly narrow in focus, it has given license to more transphobia than ever and interpretations of the law which have negative impacts on the freedoms of all women.
When the ruling came out, Green councillors were quick to submit a motion to Edinburgh Council reaffirming our support for the trans community, and urging caution when it comes to any knee-jerk responses. You can watch Green Councillors O’Neill and Staniforth speaking in support of the Green motion here:
Video edited on Kapwing
Thankfully, other parties felt the same and while Labour and the Tories sought to ‘welcome’ the ruling, the SNP, Lib Dems and Greens were able to join together and produce a joint motion.
That motion said:
“Council notes:
- The decision of the UK Supreme Court on 16th April, in For Women Scotland vs the Scottish Government regarding the definition of sex in relation to the Equality Act.
- That Council officers are preparing to bring report(s) to relevant committee(s) on the implications for the Council of this decision following further guidance and clarity from the Equality and Human Rights Commission.
- This ruling has a significant impact on the council’s provision of a range of services. We recognise the complexity and sensitivity surrounding this issue and its implications for many within our community.
- Acknowledges the judgement has caused significant concern within the trans community in Edinburgh and across the country; expresses its solidarity with trans and non-binary people.
- That trans people have been accessing facilities in line with their gender for at least twenty years without significant difficulties.
- Notes and welcomes the motion on ‘Legal Protection for Gender Identity and Trans Rights’ carried at STUC Congress on 29 April 2025, which states: “We believe that solidarity with trans and non-binary people must be a matter of principle for the trade union movement, just as we oppose racism, sexism and ableism. Trans inclusion is a workplace issue. Our solidarity cannot depend on the law or how courts interpret it; there can be unjust laws and legal decisions.”
Council reaffirms:
- Its unwavering commitment to upholding the rights and equal treatment of all individuals, including the LGBTQ+ community including non-binary, intersex, and trans people. We remain steadfast in promoting inclusion and challenging discrimination in all its forms.
- Its commitment to promoting equality for Edinburgh’s LGBT+ community as set out in the council’s existing Equality and Diversity Framework 2021-25, and in the emerging Equality Diversity and Inclusion (EDI) Framework 2024-29.
- That trans people should be able to live in their true gender without fear of harassment or persecution as stated both in the Equality Act and in the Supreme Court’s judgement.
- Reaffirms our collective commitment to build a city where everyone belongs and where the dignity of every person is upheld
Council acknowledges:
- The deep feelings and concerns among both women and trans people, who are too often portrayed in opposition to one another, despite both groups continuing to face violence and marginalisation – most commonly at the hands of cisgender men.
- That in the immediate aftermath of the ruling, rhetoric disadvantaging trans people has increased substantially and that forcing trans people to use facilities contrary to their gender puts many of them at risk of harassment due to their gender which is contrary to the spirit of both the equality act and Supreme Court’s ruling.
Council therefore agrees:
- Our collective commitment to build a city where everyone belongs and where the dignity of every person is upheld and extends its solidarity to everyone feeling vulnerable, unseen, or unsafe. We recognise and value the diversity of our city and its people – in our workplaces, our schools, and across all aspects of public life.
- To communicate its support for Edinburgh’s LGBTQ+ population and its desire for Edinburgh to be a welcoming place for everyone via its social media channels and press team.
- To report on the implications of this judgement on Council obligations and services following further guidance from EHRC. That the report should include:
a) any consequences from the ruling and any necessary changes to Council practice and policies
b) what steps the Council is taking to maximise our provision of gender-neutral facilities.
c) what steps the Council is taking to ensure that trans, intersex and non-binary people can continue accessing services in a way which ensures that their dignity, safety and rights are respected.
d) that in preparing any future reports on the implications of the Supreme Court decision, that the council’s commitment to promoting equality for Edinburgh’s LGBTQ+ community is supported and promoted as far as possible.
- Agrees that the Council Leader will write to the STUC to explore how the Council can support the actions of the motion, particularly the action to: “draw up guidance on supporting trans and gender-diverse workers, challenging transphobia, negotiating improved workplace policies on trans and non-binary rights, and resisting any attempts by management to change any positive existing policies to reduce trans and non-binary rights.”
- To commit to provide interim updates via members briefing and/or through business bulletin in the Policy and Sustainability Committee.”
While this is fairly wordy (try getting 3 political parties to agree on anything…), essentially it makes a firm statement that the rights of trans people to live freely and without persecution, in their chosen gender, is still the position of the council. This is already having an impact on how the Council is responding to queries following the Supreme Court guidance, and will hopefully see us continue to have a strong stance on equality and rights.
Councillor Mumford spoke later in the debate, seconding a motion from independent councillor Ross McKenzie:
Video edited on Kapwing
We are doubtless going to see more attacks on trans rights and the policing of women’s bodily autonomy as we see more guidance from the EHRC, and other bodies responding to the Supreme Court decision, but it’s good to know that – on this issue at least – we have a majority of parties in the City Chambers who are willing to stand up for what’s right.