Campaigners who recently won a legal case about how the word "woman" is defined are now taking further legal action against the Scottish government. They argue that some current policies, particularly those involving transgender students in schools and transgender individuals in prisons, don’t align with the Supreme Court’s ruling from April.
The group, For Women Scotland, has filed a case in the Court of Session, claiming that the existing rules go against the court’s interpretation of the Equality Act 2010. In that earlier case, the judges decided that the terms "woman" and "sex" in the law refer specifically to biological women and biological sex. This decision came after For Women Scotland challenged the Scottish government’s stance on the issue.
At the moment, school guidance says students should, where possible, be allowed to use the toilets they feel most comfortable with. Meanwhile, prison rules allow transgender women to be placed in the women’s estate unless they have a history of violence against women or are considered a serious risk to others.
For Women Scotland argues these policies contradict the recent court decision and have not been updated, putting women and girls at risk. They have asked the court to declare the school and prison policies unlawful and to cancel them entirely. They've also requested that the court temporarily suspend the policies while the case is ongoing. The Scottish government has 21 days to respond and has declined to comment on the case while it is still in progress.
The original court case focused on how the word "woman" is understood in UK equality law. For Women Scotland believed it should only apply to people born female, with sex-based protections under the law applying solely to them. The Scottish government disagreed, arguing that transgender people with a Gender Recognition Certificate (GRC) should also be covered by those protections.
The Supreme Court, however, unanimously ruled in favor of For Women Scotland. While this did not remove protections for transgender people under the category of gender reassignment, it did clarify that sex-based rights refer to biological sex. As a result, public institutions have been reviewing their policies on toilets, changing rooms, and hospital spaces. The Scottish Parliament responded by introducing separate male and female toilets, while still offering gender-neutral options. Other organizations are still in the process of updating their policies and facilities.
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