A campaign group that secured a legal victory on the definition of a woman is taking action against the Scottish government over policies it says are “inconsistent” with the judgment.
For Women Scotland’s (FWS) long-running legal battle with Scottish ministers ended with the UK Supreme Court ruling in April that the definition of a “woman” and “sex” in the Equality Act 2010 refers to “a biological woman and biological sex”.
Four months on, FWS has lodged an action at the Court of Session amid claims Holyrood’s guidance on transgender pupils in schools – and the Scottish Prison Service’s policy on the management of transgender people in custody – are in “clear breach of the law”.
The Scottish government said it would be “inappropriate” to comment on live court proceedings.
Guidance for single-sex toilets in schools says young people “where possible” should be able to “use the facilities they feel most comfortable with”.
Within prisons, current guidance allows for a transgender woman to be admitted into the women’s estate if the inmate does not meet the violence against women and girls criteria, and there is no basis “to suppose” they could be an “unacceptable risk of harm” to those also housed there.
FWS is arguing the policies are “inconsistent” with the Supreme Court judgment and has raised an ordinary action to quash them.
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In a statement, the group said: “Nothing has persuaded the government to take action and both policies remain stubbornly in place, to the detriment of vulnerable women and girls, leaving us little choice but to initiate further legal action.”
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Scottish ministers have 21 days to respond to the summons.
FWS added: “If the policies have not been withdrawn by then we will lodge the summons for calling, and the government will have to defend its policies in court.
“We are asking the court to issue a declarator that the school guidance and the prison guidance are unlawful and that they be reduced in whole.
“We are also asking that both policies are suspended in the meantime.”
A Scottish government spokesperson said: “It would be inappropriate to comment on live court proceedings.”
