The UK’s first transgender judge is seeking leave to join the litigation in a crucial supreme court case that could significantly affect legal protections for transgender women, the Guardian has learned.
Victoria McCloud, a senior civil judge who became the youngest person appointed as master of the high court in 2010, will make an application to intervene in the supreme court appeal brought by the campaign group For Women Scotland about the legal definition of “woman”. Interveners can put a case without being among the main parties to the litigation.
For Women Scotland is challenging whether Scottish government legislation aimed at improving gender balance on public boards should include transgender women.
The Gender Representation on Public Boards (Scotland) Act 2018 has been the subject of a long-running court action by the group, which most recently resulted in a ruling by Lady Haldane at the court of session that it was lawful to extend the definition of “woman” to transgender women with a gender recognition certificate.
McCloud, who transitioned in the late 1990s and subsequently changed her legal sex under the 2004 Gender Recognition Act, is supported in her application by the Good Law Project.
She is concerned about the effect of a successful appeal – which would affect the whole of the UK – on her legal recognition.
Hellbound and Down 