BRITAIN: A long-standing obstacle to transsexuals in the UK serving as police officers was removed yesterday when the law lords ruled against a chief constable's refusal to recruit a man surgically changed into a woman. Five judges including Lord Bingham, the senior law lord, rejected a claim that police might be sued for assault if a male-to-female transsexual carried out a body search of a woman suspect.
Their verdict ended a six-year legal battle by a Yorkshire woman, referred to in the judgment as Ms A, who was turned down by West Yorkshire police in 1998. She had passed all the necessary tests and had been entirely open about her sex change, but ran up repeatedly against "a blanket ban".
Ms A, who has always shunned publicity, said in a statement: "I'm delighted by this decision. It finally confirms that `trans' people have the same rights as everyone else." She will now receive compensation dating back to September 1999 when an employment tribunal first found in her favour. That ruling was reversed by an employment appeal tribunal, whose own verdict was then overturned last November by the appeal court.
As well as opening the recruitment door to transsexuals, the unanimous decision protects police forces against civil action by anyone objecting to searches or other duties carried out by a transsexual officer.
Lord Bingham said that no one searched by a post-operative transsexual police officer who was, visually and for all practical purposes, of the same gender, could reasonably object. European law protected transsexuals against discrimination and required them to be recognised as belonging to their acquired gender.
Baroness Hale of Richmond, the only woman judge on the panel, concurred with Lord Bingham and Lords Carswell, Rodger and Steyn.
She said: "Ms A has done everything that she possibly could do to align her physical identity with her psychological identity.
"She has lived successfully as a woman for many years. She believes that she presents as a woman in every respect."