In March 2021 a judicial review was heard after a female prison brought an indirect discrimination claim on the grounds of sex. Her legal team argued that two transgender policies do not adequately consider the detrimental impact on female prisoners and should be quashed /3
Both policies were published in 2019 following the sexual assault of two women by Karen White, a male transgender prisoner, while on remand in a women’s prison. Despite some welcome improvements designed to safeguard women they did not go far enough /4
The legal framework exists that would allow the MOJ to exclude all male-born prisoners from women’s prisons, irrespective of transgender status. This includes both the separate-sex exceptions in the Equality Act 2010 and the Prison Rules 1999. The MOJ chose not to use them /5
Judgment will be handled down at 10.30 this morning. Follow @fairplaywomen for news and comment on the result. /6
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The high court has today ruled that the MOJ's transgender prison policy to house's high-risk male-born transgender prisoners in female prison is “capable of being operated lawfully" /1
However, this judgment highlights serious inadequacies in the way the prison service counts transgender prisoners. This is something @fairplaywomen first highlighted back in 2017. Improvements will now be required. Prisoners with a GRC will now be counted for the first time. /2
The judgment also finally puts to bed the transactivist claim that "Trans rights and female rights are never in conflict".
The court was clear that the decision to house male prisoners who identify as women in female prisons DOES undermine the rights of female prisoners /3
This morning @BBCWomansHour had transwoman Joanna Harper on to talk about the science behind whether its fair for male-born trans athletes to compete in female category. You can list to a clip of the show here /1
@BBCWomansHour Tl:dr from JH = "Paucity of data" and "Transwomen retain muscle strength and are stronger that ciswomen"
@Emmabarnett "So when the IOC made this decision they are basing it on nothing then?" "Can it be deemed correct if it's not based on evidence?" /2
@BBCWomansHour@Emmabarnett JH "The Olympics take place every 4 years and they needed to make rule on transgender athletes - so they needed to do something - we had 25 people meet in 2015 and we reached a consensus that this was the best way forward"
EB: "But based on what if you haven't got any data?" /3
We were back on @GBNEWS this morning talking about trans athlete Laurel Hubbard qualifying for the Olympics. This time alongside Joanna Harper; the transwoman who advised the IOC to open up the female sport category. Here are some clips /1
@GBNEWS How come some types of trainers get banned on the grounds of fairness in sport but 20 years developing on testosterone does not? /2
"If anyone's watching this and doesn't think it's unfair probably doesn't think women's sport is very important" /3
@GBNEWS Simon McCoy "She's not male"..... "We need to have a serious discussion about this".
The only way to have a "serious discussion" is to be clear about someone's sex & the impact of male advantage in sport. We can't talk about sex in sport if we aren't allowed to mention sex! /2
"We have a 43 year old person who broke their arm making it to the Olympics. That alone should ring alarm bells" /3
Today we've been on @BBCNews calling out the unfairness of allowing male people who identify as women to compete in the female category at the Olympics /1
On Friday @fairplaywomen made a formal request to the EHRC to initiate an investigation into the Royal Academy for a potential breach of the Equality Act. You can read our letter here /3