Leaked labour messages criticising the EHRC and the Supreme Court ruling ignite tensions over trans rights

Leaked WhatsApp messages from a private LGBT+ Labour MPS’ group have exposed brewing tensions within the party over the Supreme Court’s landmark ruling on trans rights, revealing internal divisions that could escalate as the judgement’s real-world consequences unfold.

The messages, obtained by The Mail on Sunday, show ministerial-level discomfort over the ruling, which affirms that legal sex as defined in the Gender Recognition Act is based on biological sex — a decision with significant implications for access to single-sex spaces and participation in gendered sports.

Home Office minister Dame Angela Eagle reportedly wrote, “The ruling is not as catastrophic as it seems, but the EHRC [Equality and Human Rights Commission] guidance might be & there are already signs that some public bodies are overreacting.”

Culture minister Sir Chris Bryant echoed criticism of EHRC chair Baroness Kishwer Falkner, allegedly agreeing with a message calling her “pretty appalling” after she said the ruling would restrict trans women’s use of female-only spaces and sport.

While government sources have downplayed the leak, claiming the messages do not represent a coordinated rebellion, the incident shines a spotlight on Labour’s ongoing struggle to present a united stance on trans rights. The party’s journey on the issue has been far from smooth.

Under Jeremy Corbyn, Labour supported self-identification, allowing people to legally change gender without medical evidence — a policy jettisoned by Keir Starmer’s leadership in 2023. Starmer’s own remarks have shifted over time: in 2021, he criticised then-Labour MP Rosie Duffield for saying “only women have a cervix”, but later acknowledged that “biologically, she of course is right”.

Duffield, now sitting as an independent, is demanding an apology. However, no such move appears forthcoming from a government determined to manage the debate without reigniting past controversies.

Meanwhile, the Conservatives have also flip-flopped. Theresa May once championed gender self-ID, but the proposal was dropped during Boris Johnson’s tenure. Kemi Badenoch, now equalities minister, has led the charge against Scotland’s Gender Recognition Reform Bill and is seizing the latest row as an opportunity to pressure Labour.

This weekend, Badenoch wrote to the cabinet secretary demanding an inquiry into a possible breach of the ministerial or civil service code by Education Secretary Bridget Phillipson. Phillipson had said in response to the ruling: “We have always supported the protection of single-sex spaces based on biological sex.”

The Conservatives say this contradicts a 2024 interview where Phillipson reportedly suggested trans women with penises should be allowed in women’s toilets. She has yet to respond to the allegations, though her recent statement aligns with the official Labour line on the ruling, which supports the judgment and insists women’s spaces will be protected.

The government added: “Single-sex spaces are protected in law and will always be protected by this government,” reflecting a desire to draw a line under the issue and reassure female voters.

But the Labour WhatsApp leak may reopen old wounds. Activists protested in London this weekend, voicing fears that the ruling could legitimise broader discrimination against trans people. The reaction underscores the fine political line Labour now walks — balancing women’s rights concerns with trans inclusivity in a political landscape where public opinion remains sharply divided.

With senior Labour figures expressing frustration behind closed doors and ministers forced to square past comments with current policy, the controversy has laid bare the fragility of the party’s stance. As the practical fallout from the ruling becomes clearer, this internal discord may yet flare into open conflict.

HARVARD KENNEDY SCHOOL

On 16 April 2025, the UK Supreme Court ruled that “sex” in the Equality Act 2010 refers exclusively to biological sex assigned at birth. This decision excludes even transgender individuals with Gender Recognition Certificates from legal protection under the Act. Legal scholars and human rights experts warn that the ruling undermines trans rights, enabling exclusion from single-sex spaces, sports teams, and equal pay claims, especially harming trans women. Critics, including Judge Victoria McCloud, decried it as a regression into biological essentialism, ignoring lived realities and contradicting European human rights law. The Court cited arguments aligned with gender-critical activists while dismissing trans voices. Observers say this ruling reinforces reactionary forces globally and legitimises discrimination under the guise of legal neutrality. Scholars argue it is part of a broader anti-gender movement fuelled by global right-wing alliances, threatening democratic institutions. Critics urge trans-rights advocates to resist and mobilise, turning institutional setbacks into catalysts for solidarity and political action against rising authoritarianism.

THE TELEGRAPH

Sir Keir Starmer faces mounting pressure after leaked WhatsApp messages revealed that Labour ministers, including Sir Chris Bryant and Dame Angela Eagle, plan to challenge last week’s Supreme Court ruling that defines a woman by biological sex, not gender identity. The court’s decision clarified that trans women are excluded from legal protections as women under the Equality Act. Despite the ruling, Labour MPS aim to promote trans rights by seeking meetings with Government equalities ministers. Dame Angela warned that the upcoming Equality and Human Rights Commission (EHRC) guidance could be “catastrophic” for trans people. Downing Street has declined to take action against the MPS, insisting they are not undermining the court. Critics, including Nigel Farage and Robert Jenrick, have accused Starmer of political cowardice for remaining silent, particularly after trans activists vandalised a suffragist statue during weekend protests. The EHRC, led by Baroness Falkner, plans to issue guidance affirming that single-sex spaces must be based on biological sex.