For Women Scotland has raised a legal challenge to the Scottish government. This move follows a landmark Supreme Court decision on whether or not the definition of a woman under the 2010 Equality Act includes people who are transgender. The group claims that current policies related to schools and prisons are inconsistent with this ruling, which defines “woman” and “sex” as referring specifically to biological women and biological sex.
In late April, the U.S. went on to clarify that the terms “woman” and “sex” in the Equality Act 2010 mean only biological definitions. This ruling, applicable throughout the UK, has caused an uproar leading to additional litigation. For Women Scotland were delighted to celebrate this victory outside the Supreme Court, underlining its impact on vulnerable women and girls.
The organization has raised an ordinary action for reduction, seeking to quash the Scottish government’s guidance on gender in educational and correctional institutions. Jointly, they claim that these policies violate domestic and international law and are harming the rights of women and girls.
“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.” – For Women Scotland
The Scottish government now has 21 days to respond to the legal challenge. They claim that transgender people who hold a gender recognition certificate (GRC) should be entitled to the same sex-based protections as laid out in the Equality Act. The Supreme Court’s recent ruling does not alter the protected characteristics associated with gender reassignment, ensuring continued protections for trans individuals.
A spokesperson for the Scottish government commented on the ongoing proceedings, stating, “It would be inappropriate to comment on live court proceedings.”
Scotland’s legal action highlights the ongoing debate surrounding gender identity and women’s rights within the framework of existing laws. The results of this case may have far reaching consequences for policies impacting schools and jails in Scotland and across the world.
