Disunion and exclusion: the Student Union’s response to the Supreme Court ruling

The recent ruling of the Supreme Court has left the small minority of transgender people in the UK, specifically trans women, devastated. With the judges legally defining the term “woman” as a biological woman, this has actively restricted the definition of women to sex, rather than gender identity, thus excluding trans women from women-only spaces. According to the 2021 gender consensus a grand total of 262,000 people (0.5%) answered “No” when asked if their gender aligned with the one they were born with, suggesting that in the UK alone there is less than 1% of the population who identify under the transgender spectrum. Yet, they continue to be at the forefront of political debates which end with the removal of human rights.

One would assume that Warwick, a university that prides itself in its diversity and equality and which strives to “celebrate differences, welcome and respect all perspectives, and maintain a zero-tolerance approach to prejudice and unacceptable behaviour”, would attempt to protect their queer and transgender students and staff, but the SU’s latest statement on the recent ruling has done the opposite. Instead, it has left many concerned and worried about the future of trans people, both within broader society and at their place of study and work.

With the statement being released on 12 May, almost a month after the news of the ruling, the SU has given the impression that the rights of their transgender occupants are secondary, an afterthought at best. The SU’s purpose is to be the voice of the student, and to keep us, as well as staff, protected and safe. However, its statement has had the opposite effect.

Despite the University and the SU’s pledge to protect and fight for the rights of their trans students, they have done little to show initiative

Warwick SU’s official Instagram @warwicksuoffical released an 11 slide statement in response to the ruling, writing that changes will be made in line with the Court’s judgement. This will directly affect transgender students and staff at the University. The SU have written that single sex spaces are to be prioritised over gender-neutral bathrooms, forcing trans students and staff to either seek out the scarce number of gender-neutral bathrooms around campus, or to use the one that aligns with the sex they were born as. Despite the University and the SU’s pledge to protect and fight for the rights of their trans students, they have done little to show initiative apart from their overdue statement that has arguably restricted rights rather than preserved them.

All the SU have done, it seems, is deny transgender people the freedom to use the basic necessity of a bathroom that aligns with their gender identity, thus forcing them to seek gender-neutral toilets, which are limited to the newer buildings only. This creates a culture of discomfort and judgment. Because of this, many students who already struggle with their identity are now being put into further distress, having to ignore their identity for the sake of a harmful, vindictive ruling that demonises transgender women and the transgender community as a whole. Activist Jane Fae from Trans Actual told the BBC that “the judgement felt like a physical body blow, and that it was as if trans people were being excluded from society”. This is the environment that the University seems to foster.

Furthermore, the University pledges to be ‘at the forefront of the debate’ and to propel change for the better. Yet its Code suggests otherwise; it has done nothing but make the lives of a minority group at the University even more difficult

In response to the SU, Warwick Trans Society released its own statement regarding the University’s changes to its code, with both an Instagram post and an eight-page document. The society has written via Instagram that the University’s new Code of Conduct is “hateful, possibly unlawful; and certainly feeds into the genocide rhetoric against trans people“, as the previous Code allowed trans people to use the facilities they are most comfortable with, in contradiction to the SU’s statement. The contents of the Code itself have changed, as highlighted in the Trans Society document. The section previously stated that all student and staff should “positively promote” the code and be “familiar” with it, but now simply calls for them to promote it. This change creates a space for freedom of speech that equally allows hate speech due to the two new clauses, making “a welcoming space for transphobic people and groups”.

Furthermore, the University pledges to be “at the forefront of the debate” and to propel change for the better. Yet its Code suggests otherwise; it has done nothing but make the lives of a minority group at the University even more difficult, leaving staff and students feeling vulnerable and alone. With the Code aiming to improve the experience of “trans, non-binary, gender fluid or gender non-conforming individuals”, we are seeing very little fight for change or improvement of the University’s policies. The Trans Inclusion Code of Practice, which outlines the University’s approach to creating a safe, inclusive and representative environment for the trans community, is currently under review. This leaves many in the dark regarding future decisions on their own gender identities.

Overall, the trans students and staff at the University have largely been restricted by the ruling, leaving people isolated and unsupported in an environment that has promised to protect them. The SU and the University of Warwick must support both the students and staff whom they swore to stand up for, especially in these difficult times of hatred and transphobia which have slowly become commonplace within society. Action must be taken to protect the people at this university, and to show that the institution supports and backs its transgender occupants in the face of harmful legislation.