
Labour Party finally accepts trans women aren't women
In a victory for women's rights campaigners, the party's National Executive Committee (NEC) has agreed that when a policy in the Labour rule book refers to a 'woman', it must be interpreted on the basis of biological sex.
It means that trans women (biological men who identify as women) cannot stand as part of all-woman shortlists, be elected as women's officer, or attend a women's branch meeting.
The NEC has also banned local party branches from passing motions which state they disagree with April's Supreme Court judgment that the word sex in the Equality Act means biological sex and not self-identified gender.
It is the latest twist in the trans rights row which has been tearing the Labour Party apart for months.
Sir Keir Starmer has been accused of ' flip-flopping ' over trans rights, and has said in the past that trans women are women, and that 99.9 per cent of women don't have a penis.
The Prime Minister has also been accused of effectively driving Rosie Duffield, the gender-critical MP, out of the party by saying she had been wrong to say only women have a cervix.
Last month, however, he called on public bodies to comply with the Supreme Court ruling 'as soon as possible' by changing their rules to ban transwomen from female spaces such as toilets and changing rooms.
Labour's NEC had already decided to cancel this year's women's conference over concerns trans women would complain if they were barred from the event.
Now, the ruling body has posted a 'frequently asked questions' section on the Labour website about the Supreme Court judgment.
It said: 'As a result of the Supreme Court judgment, the NEC has agreed that where a party policy, rule or procedure refers to a 'woman' or 'women', those references must be interpreted on the basis of biological sex.'
Helen Joyce, director of advocacy at women's rights charity Sex Matters, said: 'It's encouraging to see the NEC finally making it unequivocally clear to Labour members that the words 'woman' and 'man' refer to biology, not self-declared gender identity or £5 pieces of government-issued paper.'
Last week, the new Trans Rights Alliance put forward a biological man to be the women's officer for Labour's LGBT+ group.
The new guidance would seem to indicate that this would not be within Labour rules.
The document tells members that the judgment means that provisions in the Equality Act, allowing for positive action, 'apply only to individuals who are biologically female'.
It said the NEC had agreed to undertake a review of the party's positive action measures to ensure that they remain lawful, effective, and inclusive.
Pending the outcome of this review, positive action measures referring to women will be interpreted on the basis of biological sex in compliance with the Supreme Court judgment.
It said that local branches can only operate all-women shortlists 'lawfully only when biological women are under-represented among the party's current cohort in the relevant legislative body'.
'Eligibility requirements'
In answer to the question whether trans women could stand on an all-woman shortlist, it states: 'The Supreme Court judgment has clarified that all-women shortlists must be single sex. This means that only biological women are eligible to apply for selections run on the basis of the AWS provisions in the rule book.'
A question on whether a branch can have a trans woman as women's officer, it states: 'Only members who are biological women can seek nomination or be elected to those positions'.
The same principle applies if a branch has a gender quota for delegates to the party conference: 'Only members who were women at birth are eligible for these rules.'
The document goes on: 'We expect members to put themselves forward for these positions and roles only if they meet the eligibility requirements based on their biological sex.
'We have been clear that the changes to our procedures as a result of the Supreme Court judgment must be implemented with sensitivity and care. Members should not make assumptions about another person's eligibility or make unnecessary requests about birth sex as this could constitute discrimination or harassment.'
The document states that the entitlement to participate in women's branches, and their associated activities, also only applies to members who are biological women.
It also says that local branches may discuss the Supreme Court ruling, but not advocate breaking the law.
'Discussions on the decision of the Supreme Court may be competent business for CLP [constituency Labour party] or branch meetings, but motions that advocate that the party take an unlawful position with respect to the Supreme Court judgment are not competent business for a CLP or Branch,' it says.
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