Lancaster City Council declares support for trans and intersex people after biological sex ruling

A champion of the LGBTQ+ community spoke out at Morecambe Town Hall about the "fear and panic" among trans and intersex people following a Supreme Court ruling on biological sex.

Robert Mee, from the Morecambe-based LGBTQ+ organisation Out in the Bay, was speaking as Lancaster City Council met for talks on the issue on Wednesday.

The council voted, by a majority, in favour of a motion supporting the trans and intersex community.

This was brought before the council following the UK Supreme Court's ruling in April, that a woman is defined by biological sex under equalities law.

Mr Mee told councillors that he had "seen first-hand what this Supreme Court ruling has done to our trans and intersex communities".

"It has done nothing but spread fear, panic and the feeling of being shunned in a society that is getting more and more hostile to people who only want to live their life authentically and happily," he said.

"If we don't keep fighting for our marginalised groups, we could potentially regress in our society until most of us are no longer safe with our voices, rights and representation at risk."

At the time of the ruling, a UK government spokesman said it would bring "clarity and confidence for women and service providers such as hospitals, refuges, and sports clubs", saying "single-sex spaces are protected in law and will always be protected by this government".

Mr Mee (below) said, during his speech on Wednesday: "It is not only trans and intersex people who are being affected by this ruling.

"Non trans people (Cis) have also been violently targeted while using certain facilities for not adhering to societal gender norms.

"This enforcement of how a woman or a man should present in public is not only dangerous, but a huge step back in gender equality."

Another speaker at the meeting was Dr Lewis Turner from Lancashire LGBT, which supports all LGBTQ+ people, has worked with the trans community for more than 25 years.

"The Supreme Court judgement was a shock," said Dr Turner, pictured below at the town hall on Wednesday evening.

"But what was even more of a shock was the subsequent interpretations of what the judgement meant by some organisations, including the Equality and Human Rights Commission (EHRC). These have caused confusion for organisations and alarm for trans and intersex people.

"I personally know many people who transitioned gender over 20 years ago and who have used single sex spaces all that time with no alarm or consequence for other users. These people - particularly trans women - are now buying radar keys to use disabled toilets in case they are challenged going to the toilet.

"Many are avoiding going out at all. 

"Lancashire LGBT would be very happy to work with the council on best practice to ensure that it meets its statutory obligations as well as remain inclusive of trans and intersex people."

In response to the speakers, Councillor Caroline Jackson (below), council leader, said: "Robert, it's really nice to see you, and you are a very respected voice in this district because you work so hard for the rights of your community and have been courageous.

"We are thankful to you. We echo your concern about hostility towards people who don't fit in to a very narrow idea of what everybody should be.

"Dr Turner, thank you for taking the time to come and speak to us, and offer us your insight, your informal experience and your wider professional view.

"In terms of the Supreme Court judgement, we do recognise the difficulties that it faces us with.

"As a council, we want to create the circumstances in which people feel comfortable to live their lives."

The speeches came as the council met to consider a motion in support of trans and intersex people.

This had been submitted by Labour councillor Phillip Black (below) and seconded by his colleagues Councillors Joanne Ainscough, Catherine Armistead, Louise Belcher, Matthew Black, Ruth Colbridge, Claire Cozler, Jean Parr, Jackson Stubbs and Jason Wood.

The motion called for the council "to seek to create policy that maximises trans inclusivity at all times in our workplace and services", that "the council declares our unequivocal support for the trans and intersex communities at this difficult time, and reaffirms our long standing commitment to embrace diversity and inclusion and to continue to actively embody this as an organisation" and that "the council will actively welcome trans and intersex people and seek to provide additional inclusive events, services and facilities".

It also called for the council Chief Executive, Mark Davies, to write to the Minister for Women and Equalities, Lancaster MP Cat Smith and Morecambe and Lunesdale MP Lizzi Collinge to share the council's concerns, and for the council to make a response to an EHRC consultation on the issue.

Councillor Black, speaking on Wednesday evening, said: "I have previously shared in this chamber that I am gender-queer. More specifically I am non-binary, and therefore part of the trans family.

"Whether or not one agrees with April's ruling by the Supreme Court on the defintion of sex, we can at least acknowledge that the stated intention of the ruling was to provide clarity in the language and the legal interpretation of the Equalities Act 2010.

"However in the weeks since the ruling it has caused chaos and confusion and thrown up more questions than it has answered, not just for trans but also for intersex people who have been largely overlooked in all of this.

"It has also been seized upon by gender-critical and trans-exclusionary groups, who have celebrated it as a victory against trans rights, a legal erosion of the valdity of trans identities and a legitimisation of their bigotry and prejudice.

"It has also prompted the creation of knee-jerk interim guidelines from the EHRC. The guidelines themselves are contradictory, confusing, appear to breach Human Rights laws and in soime instances defy common sense and common practice. There are signs that the EHRC are going to U-turn on them.

"I personally do not agree with the Supreme Court ruling and I am not alone.

"We cannot be asked to live our lives and honour our personal truths behind closed doors, separated, segregated from society.

"As a council I believe we should speak out to one of the most marginalised groups of society at this time of uncertainty and upset, and declare in a clear and unwavering voice, we support you, we welcome you and we will always strive to include you as fully as possible at all times."

Councillors Maria Deery and Hamish Mills of the Greens, Peter Jackson of the Liberal Democrats, and Ruth Colbridge, Claire Cozler, Matthew Black, Jean Parr, David Whitaker and Joanne Ainscough of Labour, also spoke in favour of the motion.

But Councillor Tim Hamilton-Cox, a Green cabinet member of the council, said he was "very concerned about the precedent that is being set by asking (council) officers to draft the consultation responses".

"I think it's a very sloppy way of doing things. I would have hoped, that draft responses would have been submitted and council could modify and sign off so officers weren't drawn in.

"If you were to withdraw those parts of the resolution that involve officers, I would be happy to support the motion.

"The rest about maximising inclusivity, I wholeheartedly support."

The motion says "a response will be made to the EHRC consultation on behalf of the council" and "in light of tight submission deadline (June 30), council delegates the formulation and submission of this response to the Chief Officer for People Policy, in consultation with members of the People and OD Committee.

"Whilst Council will not dictate the exact content, the response will reflect our concerns and conform with the spirit of this motion as per the first resolution."

Councillor Phillip Black, in response, said: "You do not need to worry that voting in favour of this motion would be setting a precedent. During my time as leader, this council agreed that the Chief Executive would respond on behalf of the council, in consultation with the leader, around the consultation of the formation of the Combined County Authority.

"So officers drafting council responses to consultations, in dialogue with members, is something which has happened previously.

"Furthermore, the motion does state that the consultation response won't be exclusively drafted by the Chief Officer for People and Policy but he will draft it in consultation with the members of the People and OD Committee, which includes such heavy hitters as the leader of the council herself and the leader of the opposition."

A vote took place and the majority of councillors present voted in favour of the motion.

No councillors voted against, with seven abstentions.

Councillor Professor Harris, speaking to Beyond Radio after the meeting, said he'd abstained because "the process of bringing that motion forward has caused division and splintering in the Labour group that was unnecessary". 

"Should we be offering support to the trans community...absolutely, yes," he said.

Councillor Professor Harris, of Westgate ward in Morecambe, recently left the Labour group on Lancaster City Council to become a non-aligned independent, saying this was due to his disagreement with national Labour policy.

Councillor Roger Dennison, speaking after the meeting, said he abstained because "people are saying that they don't agree with the law and I think you've got to be very careful, it's a dangerous road to go down".

"I agreed with the comments of Councillor Hamilton-Cox and that's why I abstained."

Conservative councillors Andrew Gardiner, Paul Newton and John Wild also abstained. Councillor Gardiner said this was because they did not agree with some parts of the motion.

LGBTQ+ is an abbreviation for lesbian, gay, bisexual, transgender, queer or questioning, intersex, asexual, and more.

The UK Supreme Court ruling came after campaign group For Women Scotland brought a case against the Scottish government arguing that sex-based protections should only apply to people that are born female.

Judge Lord Hodge said the ruling should not be seen as a triumph of one side over the other, and stressed that the law still gives protection against discrimination to transgender people.

Last month Morecambe Town Council also passed a motion supporting the trans and non-binary community, following the Supreme Court ruling.