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 guidance.

Chief 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.

It comes after the Supreme Court sided with women’s rights campaigners in a landmark case against the Scottish government in April.

The Scottish government had argued that trans people with a gender recognition certificate (GRC) were entitled to the same sex-based protections as biological women.

Following the ruling, Scotland’s first minister John Swinney said new sex-based rights guidance was being developed.

However, Sex Matters is urging the Scottish government to implement the Supreme Court ruling “in full, and without delay”.

The Equality and Human Rights Commission (EHRC) is currently consulting on a revised code of practice.

It has published interim guidance, including saying trans women should not be permitted to use women’s facilities in places like hospitals, shops and restaurants.

But Sex Matters states that the EHRC consultation was “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 this.

Sex Matters also said that any published government guidance making reference to trans people accessing single-sex spaces should be suspended immediately.

It also asks the Scottish government to issue a statement requiring all of Scotland’s public bodies and service providers to take immediate action on single-sex facilities.

It said it was not acceptable to continue “unlawful practices” while waiting for the EHRC’s updated guidance.

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 their supporters that they were being excluded from public life.

Scotland’s former first minister Nicola Sturgeon said the decision could make the lives of trans people “almost unliveable”.