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Sir Keir Starmer does not consider trans women to be women, Downing Street has confirmed, after he welcomed the ‘clarity’ from last week’s Supreme Court ruling.
The Prime Minister has spoken for the first time on the bombshell court decision after returning from a holiday during Parliament’s Easter recess.
Lord Hodge revealed on Wednesday that his fellow judges had ruled the terms ‘sex’ and ‘woman’ in the Equality Act should be defined biologically, without consideration for Gender Recognition Certificates.
The move has been welcomed by figures in the gender critical movement, including author JK Rowling, while pro-trans groups reacted with dismay.
In a 2022 interview with the Times, Sir Keir said ‘A woman is a female adult, and in addition to that trans women are women, and that is not just my view — that is actually the law.’
Asked to repeat that assertion this morning, the PM instead said: ‘I think the Supreme Court has answered that question.’
Speaking to ITV West Country, he added: ‘I actually welcome the judgment because I think it gives real clarity. It allows those that have got to draw up guidance to be really clear about what that guidance should say.
‘So I think it’s important that we see the judgment for what it is. It’s a welcome step forward.
‘It’s real clarity in an area where we did need clarity, I’m pleased it’s come about.’
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Asked directly if the PM believes trans women are women in a Downing Street briefing this afternoon, a spokesperson said: ‘No.’
The Supreme Court confirmed the terms ‘woman’ and ‘sex’ in the 2010 Equality Act ‘refer to a biological woman and biological sex’.
This means transgender women with a gender recognition certificate (GRC) can be excluded from single-sex spaces if ‘proportionate’.
Education Secretary Bridget Phillipson went further in an appearance on BBC Radio 4’s Today programme this morning, saying the ruling meant transwomen should use male toilets.
She said ‘services should be accessed on the basis of biological sex’, but added: ‘I know that many businesses, large and small, will ensure that they have appropriate provision in place.
‘For example, many businesses have moved towards unisex provision or separate cubicles that can be used by anyone.’
When pressed on the issue on Good Morning Britain, Phillipson said: ‘We don’t routinely police toilets and it’s for businesses, including pubs, to decide how they run their premises.
‘But I would hope that that business would make sure that there is a safe and appropriate place for all people to use, including trans people, who do deserve dignity and respect, let’s be clear.’
The Downing Street spokesperson said her stance, which would require trans women to use male facilities and trans men to use female facilities, reflects the view of the entire government.
Phillipson condemned incidents of vandalism at a pro-trans march in London at the weekend, describing the defacing of statues and ‘pretty terrible placards’ as ‘just completely unacceptable’.
She added: ‘We need to move to a situation where we can just treat one another with dignity and respect, that, yes, we maintain single-sex spaces for women, absolutely, the ruling is clear, but trans people too have a right to live their lives free of harassment, free of discrimination.
‘I think that’s a pretty commonsense view that is held by the majority of the British people.’
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Seven statues around Parliament Square in Westminster were daubed with graffiti during a trans rights protest on Saturday.
Ms Phillipson said: ‘What we have seen in recent days, where it comes to defacing of statues, some pretty terrible placards that have been displayed in protests around the country, it really is just completely unacceptable.’
Trans advocacy group TransActual has written to the prime minister following his change of position, asking him for clarity on how he now defines biological sex.
A letter from the group also asked what ‘practical effect’ gender recognition certificates ‘now provide beyond determining what sort of marriage someone can enter into and who is legally able to refuse to marry someone’, among other questions.
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