Good morning.
The Labour party is to cancel its national women’s conference while it waits for the Equality and Human Rights Commission (EHRC) to issue its final guidance on how to apply the supreme court ruling that the term “woman” in the Equality Act only applies to a “biological woman”.
This, however, could take some time. Just yesterday, the EHRC announced it was extending its public consultation period to six weeks. The move follows backlash to its interim advice, rushed out just a week after April’s supreme court ruling which effectively banned trans people from using toilets and other services of the gender they identify with.
While the extension of the consultation has been widely welcomed – particularly by trans rights campaigners – it will undoubtedly prolong the uncertainty that has followed in the wake of the supreme court ruling.
The cancellation of the conference has prompted fury from both “sides” of the issue, fuelling discontent at the government’s handling of the judgment and the perceived failure of political leadership to help businesses and individuals steer through the confusion of what the ruling will actually mean in the long term.
For today’s newsletter I spoke to Scotland correspondent Libby Brooks, who has been covering this story extensively for the Guardian, about the fallout from the supreme court judgment and how this has been affecting people on the ground.
Israel-Gaza war | UK-Israeli relations have plunged to their worst state for decades with the British foreign secretary, David Lammy, suspending negotiations over a new free trade deal, saying Israel’s cabinet ministers’ calls to “purify Gaza” by expelling Palestinians were repellent, monstrous and extremist.
UK politics | Keir Starmer boasted of a “hat-trick of deals” with India, the US and the EU, telling MPs they will protect thousands of jobs and save businesses hundreds of millions of pounds.
Water industry | The government has withdrawn the large bonuses due to be paid to Thames Water executives from an emergency £3bn loan, after Guardian reporting.
Climate crisis | The climate crisis has raised the price of commodities and exacerbated famine – and only strong action on greenhouse gas emissions can restore economic stability, the UN’s climate chief has said.
Foreign policy | The mother of the imprisoned British-Egyptian human rights activist Alaa Abd el-Fattah has announced she has resumed a near-total hunger strike.
In April the supreme court ruled that the terms “woman” and “sex” in the Equality Act 2010 referred only to “a biological woman” and to “biological sex”. Keir Starmer, the prime minister, said he welcomed the ruling and that it finally brought “clarity” to the issue of what constitutes a woman.
Yet in the weeks since, this “clarity” has been hard to find. Instead, Libby says that she has heard from employers that they are unsure about how they should implementing the judgment, and people in the trans community who are fearful of what their future holds.
Why has Labour cancelled its women’s conference?
Yesterday Labour’s national executive committee (NEC) postponed its 2025 women’s conference, which brings together hundreds of women from Labour’s activist base and was supposed to take place just before the party’s annual conference in September.
The decision was reportedly taken after the NEC received advice that if the conference went ahead in line with Labour’s “positive action” policies, which operate on self-identification principles (thus allowing those identifying as a woman to be included), it could expose the party to legal action. It also warned that if it was not postponed, political embarrassment in the form of protests and direct action could also follow.
At the same time, the NEC was told that including trans women on all-women political shortlists would be “unlawful”.
Its justification was that it needed to wait for full guidance from the EHRC on how to apply the supreme court ruling.
The postponement of the conference drew ire from both gender critical and trans rights activists. Labour Women’s Declaration said it showed the Labour government lacked the courage to immediately scrap its self-identification policies and run the conference as planned “in accordance with law which was introduced under a Labour government”.
LGBT+ Labour’s trans officer, Georgia Meadows, and two Labour trans rights campaign groups also condemned the cancellation of the conference, saying it could further harm trans people’s ability to engage with the democratic process at a time when the community felt increasingly under attack.
What guidance is the government waiting for?
Just over a week after the supreme court issued its judgment, the EHRC issued an interim update on what the supreme court judgment meant for businesses and individuals.
By stating that transgender people “should not be permitted” to use facilities of the gender they identify with, Libby says the interim update amounted to a blanket ban, which left many in the trans community frightened.
The EHRC always said that it would open a two-week public consultation before it issued its final, updated code of practice. The backlash that it received after its interim update, from inside the commission, from MPs and from the trans community, has seen it extend this to six weeks.
Libby says the extension suggests a greater willingness from the EHRC to take on board those concerns, and could mean the eventual code of practice allows for more latitude beyond the blanket ban proposed.
“But extending the consultation also means that it’s unlikely the final guidance will be agreed by the Commons summer recess,” says Libby, “which drags out the uncertainty over the summer and leaves businesses and individuals relying on that much stricter initial interpretation in the interim.”
How has the government handled the aftermath of the supreme court decision?
Regardless of where you are on this issue – whether you welcome the supreme court judgment or are disturbed by it – “it’s safe to say nobody has been happy with the way that Labour have dealt with it since,” Libby says. “They have seem to be opting for the path of least resistance, avoiding any potentially vote-losing or unpopular decisions and leaving it up to the commission to steward this”.
Equalities minister Bridget Phillipson moved to reassure trans people after the supreme court ruling, saying in the Commons that she would not want any trans person “anywhere across the country to be fearful”.
Yet earlier this month, a group of 14 national LGBTQ+ charities wrote to Starmer seeking an urgent meeting to discuss what they described as “a genuine crisis for the rights, dignity and inclusion of trans people in the UK”. So far they have received no response.
The frustration has also percolated into the ranks of the Labour party. Labour’s only transgender councillor, Dylan Tippetts, resigned from Plymouth council, accusing his party of “throwing trans people under the bus”. Several MPs including Charlotte Nichols, Kate Osborne, Olivia Blake and Nadia Whittome have also openly voiced their opposition to Labour’s handling of the fallout.
“The judgment has been hailed, not least by Labour itself, as bringing clarity to what has been a hugely vexed and toxic discourse but has ended up raising as many questions as it answered, with ordinary people trying to run cafes, gyms or decide where to try on a new shirt in a shop confused about what the expectations now are and how they are going to be policed,” says Libby.
“We know that trans advocacy groups have written to Keir Starmer asking to meet him to discuss what they think is a genuine crisis for inclusion, but I’d imagine too that the women who were celebrating on the steps of the supreme court would have preferred some more leadership from the Labour government.”
How is this already playing out across the country?
after newsletter promotion
While there are many people who are in support of the supreme court ruling, Libby says the judgment, the interim guidance and the lack of political leadership are “without question having a chilling effect on trans people going out and about on their daily business”.
On the ground, Libby says, she is listening to businesses and organisation who feel they are in a holding pattern, waiting for the final guidance. “I think you can draw a direct line from the caution at the top of government to the small businesses who want to be inclusive while respecting customers’ concerns and are worrying about how they can practically fit another toilet into small premises.”
She adds that how businesses should be treating trans employees is proving especially difficult. “Employers are often aware of an employee’s trans status, even if colleagues are not, which is putting them in the difficult position of telling an individual that they have to change the toilet they’ve been using for years, inadvertently outing themselves to other members of staff in the process.”
In a moving interview last month, Libby interviewed Janey, a 70-year-old trans woman who has been living “happily and independently” for nearly half a century, but who told Libby that: “The fear is back. The fear I had when I first started my transition in 1979, that people will hurt me.”
“It has injected massive anxiety into people’s lives,” says Libby. “And not just for trans people. I’ve heard from all sorts of people who look a bit different, whether that’s a butch lesbian or someone with an invisible disability, who worry they are now fair game to be challenged about the facilities they are using. And with the new code of practice unlikely to be finalised before the summer, this is going to persist.”
When Guardian journalist Dom Phillips was murdered with Bruno Pereira in 2022, his final word was “no”, his killers claimed. Since then, his widow, Alessandra Sampaio, and a committee of journalists, have ensured that is not the last we hear from him by publishing the book he was working on. Aamna Mohdin
I loved this powerful interview by Xan Brookes with Iranian film-maker Jafar Panahi on how he survived his incarceration in the notorious Evin prison and how his time there sparked the genesis for his new film. Annie
From Khloé Kardashian to Robert Downey Jr, celebrities are becoming increasingly more open about using beta blockers. The medication is often prescribed to help people deal with “situational” anxiety as it reduces the effects of adrenaline on your heart. Polly Hudson asks: what exactly are they and is there any harm in taking them? Aamna
Once feted as the man who could beat Trump, Ron DeSantis crashed and burned in a spectacular fall from political grace. In this piece, Richard Luscombe charts his downward spiral into irrelevance. Annie
Sadiq Khan, the London mayor, has announced a plan to support outdoor dining and drinking, and extend opening hours. Dan Hancox embraces the initiative and calls for an alfresco dining revolution to not only support the embattled hospitality sector, but fundamentally change how public space is understood in the capital. Aamna
Football | Eddie Nketiah scored twice early on as Crystal Palace followed up their FA Cup triumph with a 4-2 win against Wolves. Manchester City beat Bournemouth 3-1 at the Etihad Stadium to close on a Champions League spot.
Chess | After 46 days, the online freestyle chess match between the Norwegian grandmaster Magnus Carlsen and 143,000 enthusiasts from around the globe has ended … in a surprise draw.
Tennis | Novak Djokovic says he and Andy Murray felt they “couldn’t get more” out of their short-lived partnership. The 24-time grand slam title winner parted ways with his former on-court rival Murray last week after six months working together.
“Israel’s Gaza rhetoric ‘repellent and monstrous’, says Lammy” is the Guardian’s page one lead. “UK ready to sanction top Israelis over Gaza” says the Times while the i paper has “Britain accuses Israel of ‘cruel and monstrous extremism’ in siege of Gaza”. “This must end now” the Mirror insists under the banner “Britain’s message to Israel”. “Boris: Starmer’s Britain is turning into police state” – fulmination in the Daily Mail about a hate tweet jail sentence that the courts – not the government – have imposed and thoroughly upheld. “Rayner’s secret plan to tax savers” is the Telegraph’s big reveal. “Pensioners hit by ‘triple whammy’ savings blow” – they’re caught by frozen tax bands says the Express. Some water bosses are in the proverbial: “Sewage crime probes hit record 81” reports the Metro. Top story in the Financial Times is “EU to impose fee on low-cost imports in further setback for Chinese traders”.
Are we finally over Brexit?
Deputy political editor Jessica Elgot explains the new deal signed between Britain and the EU.
A bit of good news to remind you that the world’s not all bad
Nearly 10 years after Colombia’s historic peace agreement was signed, a town that was once at the heart of the violence is experiencing a tourism boom. Mesetas served as the backdrop of intense clashes between the army, police, leftwing guerilla groups, rightwing paramilitaries and criminal organisations. But now unique biodiversity, which brings together three different ecosystems – Andean, Amazon and Orinoco – has taken centre stage. Foreigners have descended on the town to see the beautiful Güejar River canyon and the Telares and Charco Azul waterfalls. Residents and local groups are also promoting Guácharos Canyon and the Danta waterfall as other attractions worth seeing.
Sign up here for a weekly roundup of The Upside, sent to you every Sunday
And finally, the Guardian’s puzzles are here to keep you entertained throughout the day. Until tomorrow.