The campaign group For Women Scotland is taking legal action against the Scottish Government over policies it claims are inconsistent with a recent UK Supreme Court ruling on the definition of sex.
In April, the Supreme Court ruled that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex, following a case brought by the group. However, For Women Scotland says the Scottish Government has failed to update its guidance for schools and prisons accordingly.
The schools guidance states that young people should be able to use single-sex toilets they 'feel most comfortable with', while the prison guidance allows transgender women to be housed in the women's estate if they do not meet violence against women and girls criteria and pose no unacceptable risk of harm.
The group has applied to the Court of Session to quash both policies, arguing they are 'inconsistent with the UK supreme court judgment of 16 April 2025'. If the policies are not withdrawn within 21 days, the group will lodge a summons for the government to defend its position in court.
For Women Scotland said in a statement: 'Nothing has persuaded the government to take action and both policies remain stubbornly in place, to the detriment of vulnerable women and girls, leaving us little choice but to initiate further legal action.'
A Scottish Government spokesperson said: 'It would be inappropriate to comment on live court proceedings.'
