The transgender owner of Carbisdale Castle in Sutherland says a landmark Supreme Court ruling on biological women in equalities legislation will inflame transphobia.
Samantha Kane, also known as Lady Carbisdale, reacted after judges unanimously ruled the terms woman and sex in the Equality Act “refer to a biological woman and biological sex”.
The international barrister – who bought Carbisdale Castle in 2022 – says her opinions on the impact of the Supreme Court decision are personal and not a criticism of any judge.
But she worries the opinion will be interpreted more widely than in relation to equalities legislation, causing a transphobic backlash on an “already marginalised” group.
“It will make it far, far worse,” she told the Press and Journal.
“I suffered transphobia, unfortunately. Not from the odd person in his bedroom hundreds of miles away but from close community.”
The ruling quickly led to calls to stop male-born transgender women competing in women’s sports and restricting transgender access to female spaces such as workplace changing rooms.
A nurse is currently arguing her case in an employment tribunal against NHS Fife. The nurse, Sandie Peggie, was suspended after an altercation with a transgender doctor, Beth Upton, who was using a female changing room.
“As a transgender woman myself, I feel really disgusted by this because I use the facilities of women and have been doing so for the past 30-odd years without thinking about it,” Ms Kane said.
“What would they expect me to do?
“This is going to, individually, disturb me.”
As a barrister with chambers based in London, Ms Kane said the law might not be well understood by some people, forcing people to become isolated.
“If these girls or ladies end up in a male changing room they may be attacked,” Ms Kane added.
“It’s a very disturbing and unfair interpretation of the law and I think there could be practical consequences which make people isolated.”
Gender critical campaign group Sex Matters, which made arguments in the Supreme Court, said the judges had given “the right answer: the protected characteristic of sex – male and female – refers to reality, not to paperwork”.
Despite those comments, Ms Kane said her own behaviour is unlikely to change.
“I’m too long in the tooth for changing any of my habits,” Ms Kane said.
“I will not use the male room because it will become ridiculous.”
“I consider myself as a woman because I am, and it’s not up to a judge to define that.”
Ms Kane is an Iraq-born barrister who changed gender after being born Sam Hashimi.
She transitioned in the 1980s, tried to go back to being a man, then identified as a woman again.
Ms Kane announced plans to restore Carbisdale Castle in 2022 with hopes to spend millions on it for the future.
The plans were well received locally but turned sour with claims of transphobia. Locals disputed accusations of hate, saying comments were being made outwith the community.
The castle was put up for sale with a £5 million price tag but taken off again in recent months.