Universities reassess transgender policies following Supreme Court ruling

Following the Supreme Court’s ruling in April, universities and students’ unions across the UK have come under increasing pressure to reassess their transgender policies over concerns that existing legislation may be ‘unlawful’.

The Supreme Court unanimously ruled that the definition of a ‘woman’, as defined by the Equality Act 2010, is based on an individual’s biological sex at birth, rather than their gender identity, regardless of whether they have a Gender Recognition Certificate or not.   

This ruling has thrown many universities’ existing transgender policies into question, with previous sector guidance initially stating that transgender individuals should be acknowledged according to the gender they identify as, rather than their sex at birth.  

Universities including Liverpool, York, and King’s College London (KCL) have issued statements on the ruling, as institutions across the UK begin to navigate its implications on their transgender policies.  

An update of the University’s Trans Inclusion Code of Practice was seemingly published last month

While none of the universities said they would implement changes immediately, Liverpool and York both said that they will continue to uphold the law, and thus will reassess their policies in line with the judgment passed down by the Court.  

This comes after some gender-critical scholars branded existing university policies as ‘unlawful’. Dr John Armstrong, a Reader in Financial Mathematics at KCL, told Times Higher Education that the Court’s ruling had confirmed his belief that guidance from Advance HE, a charity representing universities, was both ‘incorrect’ and ‘in contravention of the Equality Act’.  

Despite this, Advance HE has confirmed that they will not be withdrawing their guidance – which outlines, for example, that trans students should be allowed to use same-sex facilities according to their gender identity – but will instead “review” their policies in line with interim guidance published by the Equality and Human Rights Commission.  

At Warwick, however, an update of the University’s Trans Inclusion Code of Practice was seemingly published last month, in what would have been one of the first moves from a UK university to update their trans policies.  

The University swiftly removed this guidance from their website less than 24 hours after being published, telling PinkNews that it was a ‘draft’ which was published in ‘error’

The updated document appeared to confirm that transgender students and staff would be banned from using toilets and changing rooms of their gender identity. Proposals seen by Warwick Trans* Soc also suggested that students would be asked to ‘report’ people believed to be using the wrong facilities.  

The University swiftly removed this guidance from their website less than 24 hours after being published, telling PinkNews that it was a ‘draft’ which was published in “error”. A working group made up of staff and students has now been established to review the policies further, with the University adding “our focus must go beyond the practical”.  

Despite the code currently being “suspended”, Warwick students have still been vocally critical of the move, with Warwick Pride saying that the erroneously updated guidance “underlined the institutional transphobia that trans staff and students face on a daily basis”. 

Impact statements from members of Trans At Warwick also expressed the fear felt by trans staff and students, with one student saying “I don’t feel safe on campus anymore”, and another saying “I should be able to complete my degree with the privacy, dignity, and respect for personal life I need and deserve”.  

73% of respondents to [The Boar‘s] survey [said that] they believe the University mishandled their response to the Court’s ruling

Readers of The Boar have also shared their discontent with the University’s proposals, with 73% of respondents to a survey saying that they believe the University mishandled their response to the Court’s ruling.  

More than eight in 10 students (83%) also opposed the University’s (later redacted) proposals to ban trans students from accessing spaces according to their gender identity, with a further 6% saying they were unsure. Only 11% supported the ban.

While the Court’s ruling provides a legal interpretation on the definition of a ‘woman’ in the Equality Act, trans people are still protected in law against discrimination and harassment by the same piece of legislation. This is perhaps one reason then, along with widespread support for the trans community, that 80% of respondents to The Boar’s survey said that universities should not be forced to change their trans policies.  

One Boar reader went as far to say that the University’s decision to “so swiftly disregard [the protection of trans rights] is deeply rash and concerning”. Another student also expressed their disappointment, saying: “Warwick should grow a backbone and support their trans members.” 

While the University’s trans policies have been left in limbo, the SU has vowed to continue their “trans-inclusive policy and outlook”. The Union said in a statement that they “will continue the proud traditions of trans allyship we have cultivated over the years, regardless of those who stand against them”.  

To all our members who have felt attacked, distressed and worried about the implications of this ruling […], you are valid, and we stand with you

SU statement

Initiatives such as the Gender Expression Fund, the Trans Day of Remembrance, and staff training will continue to be supported by the SU, in addition to a maintained commitment to have gender-neutral toilets in all new buildings on campus – a campaign which has been in place since 2017.  

The SU also told The Boar that they will work with Warwick Sport on establishing guidance for transgender students participating in sports on campus, and “will advocate for identity-based inclusion wherever possible”. Warwick Women’s Football also extended their support to their transgender members, writing on Instagram that they will continue to “be a welcoming and inclusive space for all”, regardless of gender identity.   

While universities across the country continue to navigate the Supreme Court’s ruling two months on – “the breadth of the ruling” causing universities to “take some time” on evaluating their policies, as the KCL statement reads – what remains clear is the solidarity for the transgender community at universities, including Warwick.  

Warwick SU’s closing statement summed up the general sentiment to this end: “To all our members who have felt attacked, distressed and worried about the implications of this ruling and the consequences of all the hatred being spread by transphobes and ‘gender-critical’ TERFs, you are valid, and we stand with you.”