Latest news with #biologicalsex
The Guardian
2 days ago
- Politics
- 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
- Politics
- 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.
The Independent
2 days ago
- Politics
- The Independent
Gender critical group threatens legal action over court judgment implementation
A gender critical charity is threatening further legal action against the Scottish Government, saying ministers are failing to implement the recent Supreme Court judgment on biological sex in equalities law. Sex Matters, which intervened in the For Women Scotland case against the government, has sent ministers a formal 'letter before action'. In April, the Supreme Court said the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex – a ruling which had implications for access to single-sex spaces. Sex Matters argue the Scottish Government is failing to implement the ruling in the public sector, though ministers including John Swinney have said they accept the judgment and are waiting for further guidance from the Equalities and Human Rights Commission before taking the next steps. The letter, seen by the PA news agency, says the government must implement the ruling 'without delay'. It also says the government's guidance in a document called 'Supporting transgender pupils in schools' is 'wrong and must be withdrawn with immediate effect'. The charity's chief executive Maya Forstater spoke to the BBC's Good Morning Scotland radio programme on Wednesday. She said: '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 hasn't changed its policies.' Ms Forstater said the government had not implemented the ruling in schools or in its own facilities. She said the government has 14 days to reply to the letter, adding: 'All we're 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's included.' In response to Sex Matters' concerns, a spokesman for the 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.'
Yahoo
2 days ago
- Politics
- Yahoo
Gender critical group threatens legal action over court judgment implementation
A gender critical charity is threatening further legal action against the Scottish Government, saying ministers are failing to implement the recent Supreme Court judgment on biological sex in equalities law. Sex Matters, which intervened in the For Women Scotland case against the government, has sent ministers a formal 'letter before action'. In April, the Supreme Court said the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex – a ruling which had implications for access to single-sex spaces. Sex Matters argue the Scottish Government is failing to implement the ruling in the public sector, though ministers including John Swinney have said they accept the judgment and are waiting for further guidance from the Equalities and Human Rights Commission before taking the next steps. The letter, seen by the PA news agency, says the government must implement the ruling 'without delay'. It also says the government's guidance in a document called 'Supporting transgender pupils in schools' is 'wrong and must be withdrawn with immediate effect'. The charity's chief executive Maya Forstater spoke to the BBC's Good Morning Scotland radio programme on Wednesday. She said: '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 hasn't changed its policies.' Ms Forstater said the government had not implemented the ruling in schools or in its own facilities. She said the government has 14 days to reply to the letter, adding: 'All we're 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's included.' In response to Sex Matters' concerns, a spokesman for the 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.'
BBC News
2 days ago
- Politics
- BBC News
Women's group threatens legal action over single-sex spaces
Women's rights campaigners have handed the Scottish government a deadline to comply with the UK Supreme Court's ruling on biological sex. The Sex Matters group has issued a letter warning of legal action in 14 days if ministers continue to delay new policies and executive Maya Forstater said single-sex toilets and changing facilities must be provided, with all Scottish public bodies required to take "immediate action".The Scottish Government says it accepts the Supreme Court judgement and is awaiting new guidance from the Equality and Human Rights Commission. In April, the Supreme Court sided with campaign group For Women Scotland in a landmark case against the Scottish Scottish government had argued that trans people with a gender recognition certificate (GRC) were entitled to the same sex-based protections as biological the ruling, Scotland's first minister John Swinney said new sex-based rights guidance was being Equality and Human Rights Commission (EHRC) is currently consulting on a revised code of has since published interim guidance, including saying trans women should not be permitted to use women's facilities in places like hospitals, shops and Sex Matters is urging the Scottish government to implement the Supreme Court ruling "in full, and without delay". Sex Matters states: "Whilst it is correct that the EHRC is currently consulting on updates to its Code of Practice, that is not an invitation – particularly to public authorities – to act in a way that is unlawful in the meantime."It has asked the Scottish government to confirm within 14 days that it accepts that toilets and changing facilities must be provided on a biological sex basis - with any mixed-sex facilities in addition to Matters also says that any published government guidance making reference to trans people accessing single-sex spaces should be suspended also asks the Scottish government to issue a statement requiring all public bodies and service providers to take immediate action on single-sex said it was not acceptable to continue unlawful practices while waiting for updated statutory guidance from the EHRC. Transgender criticism The Scottish government said it would respond to the letter "in due course".A spokesperson said: "The Scottish government has been clear that we accept the Supreme Court judgement. "We are reviewing policies, guidance and legislation potentially impacted by the judgement."This will prepare us to take all necessary steps when the EHRC, publishes its revised Statutory Code of Practice and associated guidance for services, public functions and associations."The Supreme Court ruling brought strong criticism from the transgender community and supporters that they were being excluded from public life. Former first minister Nicola Sturgeon said it could make the lives of trans people "almost unliveable".
