Scottish government to amend gender guidance following Supreme Court defeat

Scottish government to amend gender guidance following Supreme Court defeat

The Scottish government is to amend its guidance on the Gender Representation on Public Boards (Scotland) Act 2018 after its defeat in the Supreme Court last week.

Social Justice Secretary Shirley-Anne Somerville said that the Scottish government was looking at updating its guidance on single-sex spaces.

“The Scottish government does, of course, accept the judgment of the Supreme Court,” she said.

“It is a significant legal ruling and it is right that we take time to consider it.”

She said it was “important to recognise the tone and the temperature of the surrounding debate”.

“It should be clear to all of us in this chamber, regardless of our view on any of those matters, including the judgment last Wednesday, that it has had a very significant impact on people,” she added.

Ms Somerville said the ruling had caused “real anxiety” in trans and non-binary people. She added: “It is significant that the Supreme Court stated that their judgment that the rights of the trans community are enshrined in law and I want to reassure our trans community that you are valued and the Scottish government is fully committed to protecting everyone’s rights and that includes your community.”

She also said that the judgment had “confirmed the definition of the woman under the Equality Act”, and called on the Equality and Human Rights Commission (EHRC) to furnish updated guidance on the impact of the decision.

She added: “We are amending guidance on the public boards legislation to take account of the ruling.”

Earlier on, Prime Minister Keir Starmer said “a woman is an adult female” when asked whether he believed trans women were woman in the wake of the ruling.

Mr Starmer told ITV West Country: “I think the Supreme Court has answered that question.”

Asked if that meant he did not believe a transgender woman is a woman, Mr Starmer said: “A woman is an adult female, and the court has made that absolutely clear.”

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