Sir Keir Starmer does not believe trans women are women after Supreme Court ruling, in major U-turn

Prime Minister Sir Keir Starmer has made his first public comments on the Supreme Court ruling on the definition of a woman

Sir Keir Starmer does not believe transgender women are women, his official spokesman has said, in what appears to be a U-turn on the Prime Minister’s previous stance on trans rights.

The statement was made on behalf of Sir Keir in the wake of last week’s Supreme Court judgment.

It came as the Prime Minister said a woman is an “adult female” in welcoming the court verdict in his first public comments since the justices’ decision on April 16.

Sir Keir said he was “really pleased” with the clarity the court’s ruling offered.

Susan Smith (left) and Marion Calder (right), co-directors of For Women Scotland, celebrate outside the Supreme Court in London after terms "woman" and "sex" in the Equality Act refer to a biological woman and biological sex, the Supreme Court has ruled. Photo: Lucy North/PA Wireplaceholder image
Susan Smith (left) and Marion Calder (right), co-directors of For Women Scotland, celebrate outside the Supreme Court in London after terms "woman" and "sex" in the Equality Act refer to a biological woman and biological sex, the Supreme Court has ruled. Photo: Lucy North/PA Wire

In March 2022, before entering No 10, 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”.

But asked on Tuesday to repeat his previous statement that “trans women are women”, he said: “I think the Supreme Court has answered that question.”

Asked if that means he does not believe a transgender woman is a woman, Sir Keir told ITV West Country: “A woman is an adult female, and the court has made that absolutely clear.

“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. We need to move and make sure that we now ensure that all guidance is in the right place according to that judgment.”

Downing Street confirmed the Prime Minister’s U-turn from his earlier position.

Asked if Sir Keir still believed that a transgender woman was a woman, the Prime Minister’s official spokesman said: “No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman.

“That is set out clearly by the court judgment.”

The official would not comment on Sir Keir’s remarks before entering government, but said the Prime Minister had been very clear that “a woman is an adult female” and “the court has made that absolutely clear”.

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”.

Prime Minister Sir Keir Starmer delivering his keynote speech during the Labour Party Conference. PIC: Stefan Rousseau/PA Wireplaceholder image
Prime Minister Sir Keir Starmer delivering his keynote speech during the Labour Party Conference. PIC: Stefan Rousseau/PA Wire

The comments by Sir Keir came as the Scottish Government delivered a ministerial statement at Holyrood on Tuesday afternoon in the wake of the Supreme Court ruling.

UK equalities minister Bridget Phillipson separately said the ruling meant transgender women should use male toilets, but suggested businesses should ensure “they have appropriate provision in place” for all customers.

That could mean the wider use of unisex facilities in cafes, pubs and restaurants to ensure “dignity” for all people.

She told BBC Radio 4’s Today programme the court’s ruling was clear that “services should be accessed on the basis of biological sex”, meaning transgender women should usually use male toilets if there is no alternative provision.

“But I know that many businesses, large and small, will ensure that they have appropriate provision in place,” she said. “For example, many businesses have moved towards unisex provision or separate cubicles that can be used by anyone.”

Ms Phillipson added: “There are important questions around, for example, the use of toilets, around the use of changing facilities. But there are also profound questions that I think are even more important about, for example, hospital provision, rape crisis centres, women’s refuges, where you are talking about people often being in that provision on an accommodation basis for an extended period of time.

“And I think it is important, and welcome that the Supreme Court have put beyond doubt, that providers can make sure that is done on the basis of biological sex.”

Pushed on which toilet a transgender woman should use in a pub, Ms Phillipson told ITV’s Good Morning Britain: “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 Mail on Sunday reported that ministers Sir Chris Bryant and Dame Angela Eagle were part of a WhatsApp group expressing concerns about the impact of the ruling and the Equality and Human Rights Commission’s (EHRC) response.

But Ms Phillipson said: “I speak for the government on this matter and I can be crystal clear with you that we welcome the ruling.

“We will make sure that the EHRC work with us to bring forward guidance to address those areas where, through both the guidance and the statutory code of practice, providers have further clarity that is needed.”

Ms Phillipson also condemned the “completely unacceptable” scenes at protests following the Supreme Court ruling.

Seven statues around Parliament Square in Westminster were daubed with graffiti during a trans rights protest on Saturday.

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