Sex Matters warns Scottish Government over court ruling
In April, the UK's highest court ruled unanimously that a Gender Recognition Certificate (GRC) does not alter a person's sex for the purposes of the Equality Act.
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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 still waiting for further instruction from the Equality and Human Rights Commission (EHRC) before it issues guidance of its own to Scotland's public bodies.
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.
However, the EHRC has repeatedly said that as the ruling applies now, 'those with duties under the Equality Act 2010 should be following the law and looking at what changes, if any, need to be made to their policies and practices.'
In the letter to the Government, Sex Matters says the ruling must be implemented 'without delay'.
It also calls for the immediate withdrawal of the Government's guidance document Supporting transgender pupils in schools, describing it as 'wrong'.
The charity's chief executive, Maya Forstater, told BBC Radio Scotland's Good Morning Scotland programme: 'The Supreme Court has made the law absolutely clear: men are male and women are female, and both have a right to dignity and privacy in things like toilets and changing rooms, as well as specialist services like women's refuges.
'The Scottish Government is dragging its feet — it has not changed its policies.'
Ms Forstater said the ruling had yet to be applied in schools or in the Government's own facilities.
She added: 'All we are asking them to do is put a simple statement on their website which says that their facilities are separated by sex, and they also provide unisex facilities so everyone is included.'
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A spokesperson for the Scottish Government told The Times: '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.
'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.'
Over the weekend, speaking at a fringe event at the Scottish Conservative conference, For Women Scotland's Susan Smith 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.'
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