Scotland’s First Minister has said his Government “accepts” the ruling of the UK Supreme Court on biological sex, adding that “protecting the rights of all” will inform its response. The court handed down its judgment on Wednesday, concluding references to women in the 2010 Equality Act mean those born biologically female. The decision – which was as a result of a series of challenges brought by campaign group For Women Scotland against the Scottish Government – is likely to have far-reaching implications, not least on access to single-sex spaces.
The case initially revolved around the Scottish Government’s Gender Representation on Public Boards (Scotland) Act, but eventually widened to encompass the legal definition of a woman under the 2010 Equality Act. In a post on social media site X soon after the ruling was handed down, John Swinney said: “The Scottish Government accepts today’s Supreme Court judgement. “The ruling gives clarity between two relevant pieces of legislation passed at Westminster.
“We will now engage on the implications of the ruling. “Protecting the rights of all will underpin our actions.” Speaking outside the court on Wednesday, former SNP MP Joanna Cherry KC called on both the First Minister and Prime Minister Sir Keir Starmer to “make sure the law is obeyed”.
She told the PA news agency: “I’m calling on my former colleague, John Swinney, the First Minister of Scotland, and on the British Prime Minister, Keir Starmer, to respect this judgment and to do what they say that they do. “They both say they believe in women’s rights and they believe in women’s rights to single-sex spaces. “If they mean that then they need to make sure that public policy changes to respect the fact that women means biological women and lesbian means women who are sexually attracted to women.
“Men are not included within those categories.” The outcome of the case comes after years of public and political wrangling in Scotland over gender, sparked by the Scottish Government’s push for reforms under Nicola Sturgeon’s tenure as first minister, which was ultimately blocked by the previous UK government. Ms Cherry – who was an outspoken and ardent opponent of the reforms inside the SNP – said the former first minister owes “the women of Scotland an apology”.
She said: “I’ve had to put up with my own party leader, Nicola Sturgeon, calling me a bigot and a transphobe for sticking up for the rights of women and lesbians. “I think she owes all of us, not just me, and more importantly the women of Scotland, an apology.” Scottish Conservative leader Russell Findlay said the ruling was a “victory for women across the United Kingdom” and an “abject humiliation for the SNP”.
He added: “John Swinney now needs to respect women’s rights and get rid of the dangerous gender policies which have become embedded in Scotland’s public institutions. “This ruling should sound the death-knell once and for all for Nicola Sturgeon’s reckless self-ID plans, which Labour, the Liberal Democrats and the Greens shamefully backed to the hilt at Holyrood. “John Swinney must stop obsessing about gender and get back to the day job of delivering better public services and a stronger economy.
“Too much time, energy and taxpayers’ money has been wasted on the divisive issue of gender ideology.” Since taking office last year, Mr Swinney has generally steered clear of gender issues, which had been divisive both in his party and among the wider public. In recent months, focus has turned to NHS Fife after veteran nurse Sandie Peggie took the board to an employment tribunal following her suspension after she complained about sharing a changing room with transgender medic Dr Beth Upton.
The health board said in a statement it would take time to consider the implications of the ruling. A spokesperson for NHS Fife said: “NHS Fife notes the clarity provided by today’s Supreme Court ruling regarding the legal definition of a woman. “We will now take time to carefully consider the judgment and its implications.
” The Scottish Greens – long-time advocates for furthering the rights of trans people – hit out at the court’s ruling, with equalities spokeswoman Maggie Chapman describing it as “deeply concerning” and a “huge blow”. She added: “It could remove important protections and will leave many trans people and their loved ones deeply anxious and worried about how their lives will be affected and about what will come next. “Trans people just want to be able to live their lives like any of us, without the fear of prejudice or violence, but today they have been badly let down.
“Trans people have been cynically targeted and demonised by politicians and large parts of the media for far too long. “This has contributed to attacks on longstanding rights and attempts to erase their existence altogether.” Scottish Labour equalities spokesman Paul O’Kane said “Scottish Labour has always called for the protection of single-sex spaces on the basis of biological sex, as provided the in the Equality Act.
“This court ruling should of course be respected, and as Lord Hodge said this must not be read as a triumph of one or more groups at the expense of another. “Now that we have this clarity, the SNP Government must now provide clear guidance for Scottish public services so they can implement the Equality Act properly and uphold the rights and dignity of all.”.
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Protecting rights of all will inform response to Supreme Court ruling – Swinney
The court ruled the definition of a woman in the 2010 Equality Act is based on biological sex.