For Women Scotland threaten SNP with fresh legal action
The judgment clarified that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender.
While First Minister John Swinney welcomed the 'clarity' provided by the judgment, the Scottish Government has said it is waiting for guidance from the Equality and Human Rights Commission (EHRC).
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The watchdog is due to publish an updated statutory Code of Practice — effectively an authoritative instruction manual on applying the Equality Act — later this year.
Speaking at a fringe event at the Scottish Conservative conference, For Women Scotland's Marion Calder said people needed to challenge organisations failing to implement the law.
'We are possibly going to have to go back to court in order to get some of the government policies — especially policies in prison — changed. There are still at least four male murderers in the women's prison estate in Scotland, and that is a shocking fact.
'But we have [the Supreme Court judgment] now, and this is a fantastic basis to go forward.'
Speaking to journalists later, she said: 'We have spoken to the Scottish Government and asked them to withdraw some of this guidance — just even say it is under review. They do not have to reissue anything at this point, but because it is clearly unlawful, we really do need some action.
'They are telling us they have to wait for the EHRC revised guidance. We do not believe this is true.'
She pointed to comments from the EHRC stating that the judgment is effective immediately, and that those with duties under the Equality Act 2010 should already be complying with the law.
Ms Calder said: 'And of course, the risk to the Scottish Government if they do not act is that, if a woman is assaulted in prison next week by one of these male convicts, their liability will have skyrocketed.
'In any case, the Scottish Government tells us that the Scottish Prison Service sets its own policy — that it is an arm's-length organisation — but any case would be taken against the Scottish ministers.
'So I think they need to start to step up and take a bit of responsibility, because these things are under their remit.'
Ms Calder said she believed ministers were reluctant to act as they were 'worried about a legal challenge from the other side'.
'But my message to them would be — they should be more worried about a legal challenge from the people who have the law on their side,' she added.
The Scottish Government has been approached for comment.
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