The Scottish Government is preparing to address Holyrood following a UK Supreme Court decision clarifying the legal definition of a woman under the Equality Act 2010.
Social justice secretary Shirley-Anne Somerville is expected to make a statement to MSPs on Tuesday, marking the first parliamentary business since the Easter recess. The move follows last week’s ruling in favour of campaign group For Women Scotland, which brought the case against the Scottish Government.
The Supreme Court determined that in the context of the Equality Act, the terms “woman” and “sex” refer specifically to biological women and biological sex.
First Minister John Swinney has said he accepts the ruling, stating the Scottish Government’s response will be guided by a commitment to protecting the rights of “everybody”.
Health secretary Neil Gray is also expected to meet the Equality and Human Rights Commission (EHRC) this week to discuss existing guidance on single-sex spaces in the NHS, alongside reports of a forthcoming “guide to transitioning” for health providers. Ministers have indicated a willingness to collaborate with both the EHRC and UK Government on updated guidance following the court’s decision.
Meanwhile, the Scottish Conservatives have renewed calls for SNP ministers to abandon their gender reform plans altogether.
Conservative MSP Tess White said: “Last week’s Supreme Court ruling could not have been clearer on the definition of a woman and was a humiliating defeat for the SNP’s gender agenda.
“The SNP Government must use their response to tell Parliament that they are ditching their divisive gender self-ID policies for good.
“Too much taxpayers’ time and money has been spent by the SNP on pushing these policies which have also become embedded in Scotland’s public institutions on their watch.”
The Gender Recognition Reform (Scotland) Bill, passed by Holyrood in 2023, sought to simplify the process for individuals to change their legally recognised gender. However, it was blocked by the UK Government before it could become law.
Scottish Labour leader Anas Sarwar has called for immediate clarity for public institutions.
He said: “The most urgent thing that John Swinney and this SNP Government has to do is issue clear guidance that ensures that all our public services and public bodies are complying with the Equality Act, and upholding people’s rights.”
