Campaigners from For Women Scotland are weighing further legal action against the Scottish government. They accuse ministers of delaying critical policy updates after April’s Supreme Court gender ruling. The group, which won a landmark case clarifying that transgender women with gender recognition certificates are not legally defined as women under the Equality Act. Instead, they say the focus has wrongly shifted to toilets instead of safeguarding vulnerable groups.
At a Scottish Conservative conference event, co-director Susan Smith revealed the group has pressed officials to withdraw “unlawful” guidance on prisons and schools. Despite the Supreme Court gender ruling, transgender women convicted of serious offenses reportedly remain in female prisons under segregation rules. Smith criticized ministers for using the Equality and Human Rights Commission (EHRC) as a “stalling tactic.” She insisted immediate reviews are needed. “We don’t want to go back to court,” she said. “But if we don’t see action, we may have to.”
Public debate has centered on bathroom access since the ruling. However, Smith emphasized the case was driven by concerns over rape crisis centers, hospitals, and prisons spaces. These places are “where people are uniquely vulnerable.” She urged supporters to pressure lawmakers and leverage a legal fund backed by JK Rowling. They aim to challenge non-compliant organizations.
While the Scottish Parliament has adjusted policies, charities like Refuge and Mind argue the EHRC’s November deadline for updated guidance leaves insufficient time for consultation. The Scottish government maintains it accepts the Supreme Court gender ruling. Thus, it is removing disputed guidance and forming a working group to ensure compliance. Critics, however, demand faster reforms. As Smith put it: “When people realize there’s a cost for ignoring the law, maybe they’ll start applying it.”
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