Almost 10,000 gender certificates granted amid rise in Gen Z applications

Baroness Kishwer Falkner, chairwoman of the Equality and Human Rights Commission (EHRC) told BBC Radio 4's Today programme in the days after the ruling: 'I think the next stage of litigation may well be tests as to the efficacy of the GRC, and or other areas.'

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The Guardian

2 days ago

• The Guardian

Scottish government given deadline to implement ruling on biological sex

The Scottish government has been given a deadline to implement the UK supreme court's ruling on biological sex across all public bodies or face further legal challenges. Sex Matters, the UK-wide gender-critical campaign group, has threatened legal action in 14 days if ministers continue 'intolerable' delays to new policies and guidance required by April's landmark ruling that the legal definition of a woman in the Equality Act 2010 does not include transgender women who hold gender recognition certificates. The move reflects ongoing frustration among gender-critical campaign groups at what For Women Scotland, who brought the supreme court case, described as 'extraordinary pushback' since the unanimous judgment. Politicians, LGBT+ rights groups and prominent supporters have raised concerns that the ruling could result in the erosion of rights, privacy and dignity of trans people across the UK. These fears were increased after the equality watchdog the Equality and Human Rights Commission (EHRC) brought out interim advice soon after the judgment which, they said, amounted to a blanket ban on trans people using toilets of their lived gender, which many in the community said effectively excluded them from public spaces. The ruling has wide-ranging implications for service providers, public bodies and businesses, with the EHRC currently consulting on a revised code of practice that will provide a practical guide on implementation. However, the Sex Matters letter says the consultation is 'not an invitation – particularly to public authorities – to act in a way that is unlawful in the meantime'. Sex Matters intervened in the supreme court case that was brought by For Women Scotland against the Scottish government over a law aimed at improving gender representation on public boards. Maya Forstater, a founder of Sex Matters, said the supreme court was clear that legal protection for trans people 'does not translate into a right to use opposite-sex services', adding that allowing trans women to use women's toilets, showers and changing rooms had 'created a hostile environment for women'. Sex Matters is particularly concerned about the Scottish government's guidance for schools, which encourage teaching staff offer flexible arrangements for young transgender people and states that the use of toilets is governed by social convention rather than law. The Good Law Project, which is challenging the EHRC's interim advice in court next month, revealed earlier this week that the commission appeared to be rolling back on its initial blanket position. Last weekend, For Women Scotland co-director Susan Smith encouraged individuals to 'keep pressure on MSPs and MPs', and make use of the fighting fund announced by the author and activist, JK Rowling, to launch their own actions. Rowling said the fund was 'not going to be sharing any details or figures about applications and inquiries, as it's a private fund, not a fundraising charity, and funding details are strictly confidential'. A Scottish government spokesperson said that they would respond to the letter in due course. They said: 'The Scottish government has been clear that we accept the supreme court judgment. We are reviewing policies, guidance and legislation potentially impacted by the judgment.'

Daily Mail​

2 days ago

• Daily Mail​

SNP ministers face new trans row legal threat

The Scottish Government is being threatened with legal action unless it ends the 'unlawful' practice of allowing biological males to use female-only spaces 'immediately'. Maya Forstater, CEO of Sex Matters, has written to SNP ministers urging them not to wait for Equality and Human Rights Commission (EHRC) guidance on how April's Supreme Court ruling should be implemented. Judges ruled that biological sex defined if a person is male or female and put women- only spaces off-limits to biological males who identify as women. It was a huge defeat for Scottish ministers after campaign group For Women Scotland took them to court. Since then there have been calls for the SNP government to order public bodies, including prisons, hospitals and schools, to fully comply with the ruling. Speaking at the Faculty of Advocates in Edinburgh last night, Ms Forstater insisted the government has been 'stalling' by failing to take action until the EHRC issues guidance. And she warned that her human rights charity is now prepared to take legal action. She said: 'The judgment has clarified the law. Its effect is not suspended pending updated guidance from the EHRC. It is the law now. To the extent that the Scottish Government does not immediately stop its unlawful practices we may decide to commence proceedings. We have consulted with counsel and are prepared to litigate.' The Scottish Government last night said: 'We are reviewing policies, guidance and legislation potentially impacted by the judgment.' Police Scotland has been ordered to carry out a review after it failed to disclose a transgender prisoner's criminal record. Justice Secretary Angela Constance said the force had made an 'error' after a lawyer got a blank rap sheet back from the Crown Office for convicted killer Alex Stewart – who was originally called Alan Baker.

Telegraph

2 days ago

• Telegraph

Feminists threaten to sue SNP for ‘ignoring' Supreme Court trans ruling

SNP ministers have been threatened with legal action for failing to comply with the Supreme Court ruling that banned biological men from women's toilets and changing rooms. Human rights charity Sex Matters has given the Scottish Government two weeks to introduce new policies and guidance or face further court action. In a formal 'letter before action' sent to ministers, the charity demanded that they issue a statement that policies allowing trans people to access women-only spaces be 'suspended with immediate effect'. 'Updated and lawful guidance' should be issued 'at the earliest opportunity', the letter said, with public bodies ordered 'to take immediate action to provide single-sex facilities on the basis of biological sex '. Ruling is 'the law now' First Minister John Swinney has said Scotland's public sector should await guidance on implementing the ruling from the Equalities and Human Rights Commission (EHRC) before acting. But Sex Matters said April's Supreme Court ruling was 'the law now' and it had not been 'suspended in any way' pending the EHRC guidance, which is expected to be published later this summer. The EHRC has previously told the Scottish Government it did not need to delay, noting that the law was already set out in the Supreme Court's 'very readable' ruling and this was 'effective immediately'. Interim guidance has also been issued by the equalities watchdog stating that access to single-sex facilities in workplaces and public services should be based on biological sex. The Tories said Sex Matters had been left with 'no choice' but to threaten legal action to force SNP ministers to comply, 'leaving taxpayers on the hook for costly payouts'. Sturgeon's self-ID When Nicola Sturgeon was in government she proposed allowing trans people to self-identify – meaning they could change gender by signing a declaration without a medical diagnosis. However, after it was passed by MSPs, the controversial Gender Recognition Reform Bill was vetoed by the UK Government over concerns it undermined safety in single-sex spaces. But swathes of Scotland's public sector adopted self-ID, allowing trans people access to female toilets and changing rooms. On April 16, feminist campaign group For Women Scotland won against the Scottish Government in the Supreme Court, which ruled that the definition of woman was based on biological sex. Maya Forstater, chief executive of Sex Matters, said the ruling 'made the law absolutely clear' about who could access women's toilets, changing rooms and refuges but 'the Scottish Government is dragging its feet'. She told BBC Radio's Good Morning Scotland programme: 'It hasn't changed its policies. It still has a policy in schools of saying that schools should allow a child who identifies as transgender to use opposite sex toilets and changing rooms and for its employees in government buildings. 'That exposes women and girls, in particular, to harassment because of their sex. Allowing a man or a boy into a women's toilet creates a hostile environment for women and girls, and that's unlawful.' Ms Forstater said the charity had held a meeting two weeks ago with Scottish Government officials but argued that they were 'passing the buck' by claiming they had to wait for the EHRC guidance. Although she acknowledged that small businesses without access to legal advice may rely on the EHRC, she said this did not apply to SNP ministers. She added: 'They do understand the law, they have legal advisers on tap and they should act now.' She said there was 'no reason to wait' and noted that any woman forced to share a female-only safe space with a biological man could take legal action against the Scottish Government. Asked about the charity's next move, she said: 'They have 14 days to reply. What we've asked them to do is something quite simple. They have the facilities already. 'They have male toilets, female toilets and unisex and all we're asking them to do is put a simple statement on their website that says that their facilities are separated by sex and that they also provide unisex facilities, so that everyone's included.' The letter, which was signed by Ms Forstater, also told SNP ministers that their guidance in a document called 'Supporting transgender pupils in schools' is 'wrong and must be withdrawn with immediate effect'. If the Scottish Government fails to comply within 14 days, she warned 'we may commence proceedings without further warning'. Ms Forstater added: 'For the avoidance of any doubt, we have already consulted with solicitors and counsel in relation to the matters set out in this letter and are prepared to litigate in relation to them.' 'Reckless pandering' Tess White, the Scottish Tories' equalities minister, said: 'The Supreme Court's judgment was crystal clear, but John Swinney still refuses to follow it. 'Sex Matters shouldn't have to threaten legal action, but the SNP government is leaving them no choice by clinging to unlawful guidance on single-sex spaces. 'This reckless pandering to gender ideologues is putting women and girls at risk – and leaving taxpayers on the hook for costly payouts.' Shirley-Anne Somerville, the SNP's Social Justice Secretary, said the Scottish Government accepted the court's decision and was 'moving forward right across government with work on this issue'. She said: 'That's exactly why we have the short-life working group that brings together the civil servants from right across government to ensure that we're delivering at pace and we're delivering consistently.' A Scottish Government spokesman said: ''We are reviewing policies, guidance and legislation potentially impacted by the judgment. 'This will prepare us to take all necessary steps when the regulator of the Equality Act 2010, the Equality and Human Rights Commission, publishes its revised statutory code of practice and associated guidance for services, public functions and associations. 'The EHRC is currently consulting on this revised code of practice. We will respond to any letter received in due course.'