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 April in a landmark case against the Scottish government.

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.

Maya Forstater told BBC Radio's Good Morning Scotland that the Scottish government was "dragging its feet"

She said: "The Scottish government is passing the buck they should act now with leadership. They need to comply with the law now.

"They need to protect women and girls from being in a humiliating and degrading situations - which is what happen if you allow men into women's changing rooms and toilets."

Social Justice Secretary Shirley-Anne Sommerville told the programme there was "important work going on right across government" following the ruling.

She added: "The Scottish government accepts the decision of the Supreme Court and that is exactly why we are moving forward with work on this issue - to look at legislation, policy procedure and practices to ensure we are as always following the law."

The Scottish government said it would respond to the Sex Matters letter "in due course".

A spokesperson said: "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."

Scottish Conservative shadow equalities minister Tess White MSP said: "The Supreme Court's judgement 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.

"This shouldn't be complicated, it's basic common sense. John Swinney must ditch this unlawful guidance now and instruct every public body in Scotland to uphold the law on single-sex spaces."

The Supreme Court ruling in London brought strong criticism from the transgender community and their supporters who said 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".