Longstanding Labour Party member, Emily Brothers, endorsed by Mainstream in this year's internal elections, has been excluded from reserved seats for women in this year’s National Policy Forum (NPF) elections for the Southern Region. She has also been excluded as a delegate to Women’s Conference.
The party has imposed a blanket ban on trans inclusion to comply with The Supreme Court decision on ‘biological sex’. This interpretation fails to identify any legitimate aims or how actions are proportionate.
Kerry Postlewhite, Chair of Mainstream’s Interim Council and newly elected CLP representative on Labour’s National Executive Committee (NEC), said:
“We object to this action and view Emily’s exclusion from NPF reserved seats for women as unfair and contrary to the values of our movement.
“This decision is needlessly disadvantaging Emily, who is already breaking down enough barriers. What is the purpose? Surely, a more inclusive culture is what party members deserve.”
Emily joined Labour in 1981, supporting our common endeavour with loyalty and resolve through the twists and turns of those 45 years. Emily’s commitments include standing as a parliamentary candidate in 2015 (Sutton and Cheam) and 2024 (Isle of Wight East). She stood for the London Assembly in 2016 and has stood in eight local elections. Emily is active within several socialist societies, previously serving on the executives of LGBT Labour, Disability Labour and the Fabian Society.
Working with Labour’s frontbench Equalities Team in late 2014, Emily ‘came out’ with her personal story, which was covered widely by the media, consequently becoming Labour’s first openly trans parliamentary candidate and indeed the first blind woman too.
Emily said:
“I concluded with frontbench colleagues this was the right thing to do to protect the reputation of the Labour Party, avoiding negative coverage about another politician not being honest.
“The act of ‘coming out’ has been at some personal cost, not least now that Labour has drawn on that information to penalise me in standing for the NPF
and banning me as a delegate to Women’s Conference. The party wouldn’t have been able to discriminate against me without trawling through the media to identify articles in Labour List, Pink News and various other publications.”
Whilst press coverage in 2014 was largely positive, Emily succeeded with a landmark case made to IPSO following The Sun ridiculing her sex and disability. Emily has been a strong advocate for trans people, and on disability and wider equality and human rights issues.
Emily may be the only trans woman to have ever worked at the Equality and Human Rights Commission (EHRC), previously leading its Health and Local Government programmes.
The Supreme Court judgement of April 2025 did not lay down a blanket ban on associations like the Labour Party from including people on the basis of legally
certified sex. Stating that this exclusion is due to legal compliance is in itself not a legitimate aim. The Labour Party has not specified the purpose of its actions, such as ensuring the safety of other women. Any such decision would need to be supported by evidence and applied on a case by case basis.
Kerry added:
“Mainstream centres on our shared commitment to bring purpose to Labour in Government and to change the culture of our Party, so we are more democratic, inclusive and collaborative. This means adopting a different response to the Supreme Court judgement and making decisions fairly, legitimately and proportionally.
“Working with Emily, we find no evidence to justify excluding women with a Gender Recognition Certificate (GRC) and re-issued Birth Certificate. It was a Labour Government that was responsible for the Gender Recognition Act (2004) which the party is now casting aside.
“We should be able to address these issues through dialogue, but key decision-makers have been unwilling to meet with Emily and Mainstream colleagues.”
Emily added:
“The NEC should take immediate steps to remedy this injustice towards trans people, particularly the egregious exclusion of legally certified sex in policy, practices and procedures, including in all elections designated for women.
“I urge the Labour Party to legislate in this Parliament to remedy the Supreme Court decision, subsequently updating EHRC guidance.
“We need to find ways to reverse the injustice and indignity being experienced by me and other trans women.”
Emily and Mainstream have tried to raise this issue with the Labour Party privately, seeking a meeting with relevant decision-makers.
