PCS Proud Statement following 16 April 2025 UK Supreme Court Ruling
PCS Proud reaffirms its belief that gender is a social construct and therefore defies binary definition.
Since its implementation in 2004, the Gender Recognition Certificate has enshrined in legislation the right for transgender people to change their legal sex. Six years later, the Equality Act 2010 further protected the rights of transgender people.
In 2022, the Scottish court ruled that "'sex' is not limited to biological or birth sex" for the purposes of the Equality Act 2010. Arguing in defence of the ruling at the time, Ruth Crawford KC presented the position that a trans woman with a Gender Recognition Certificate is a woman “for all purposes”; that trans women are women and trans men are men. We continue to support this, and PCS policy is clear that our union rejects the kind of biological essentialism argued by groups like For Women Scotland.
The impact of this judgment could be far-reaching and will create unnecessary confusion and distress for trans people with a GRC. Proud stands firmly against attempts to amend the Equality Act 2010 whilst we celebrate the 15th anniversary of the historic Act which has protected tens of thousands from discrimination since its implementation. Many PCS members rely on the Equality Act 2010, and while it is outdated and could be improved, it should not be amended with the view of eroding the rights of trans people.
We must welcome the diversity of gender in all its forms, expressions and identities. There is so much to celebrate about being trans, and to express oneself in the way one wishes. The result of this court ruling doesn’t change who we are, or who we can be.
PCS will fight these attacks on our trans members, and the wider trans community.
If you are feeling affected by this ruling and need support, below are links of organisations that could help.