The UK Supreme Court’s judgement on the definition of a woman will “inevitably” mean changes to the advice given to public bodies and health boards about single-sex spaces, the Scottish Government says.
Shona Robison, the cabinet secretary for finance and local government, told STV News on Wednesday that fresh guidance from the Equality and Human Rights Commission (ECHR) is likely on the way for both governments and public bodies on how to manage access to single-sex spaces.
It comes after the UK Supreme Court unanimously determined that the terms “woman” and “sex” in the 2010 Equality Act refer to biological women and sex.
“The guidance will inevitably change in light of today’s ruling,” Robison told STV News.
“[The Scottish Government] and public bodies will then be required to follow that new guidance.”
The ruling means the word “woman” does not legally extend to a trans woman with a gender recognition certificate (GRC).
Both the Scottish and UK Governments have welcomed the ruling and said it provides clarity for services such as hospitals, refuges and sports clubs.
“The Scottish Government accepts today’s Supreme Court judgment,” a spokesperson said.
“The ruling gives clarity between two pieces of relevant legislation passed at Westminster. We will now engage on the implications of the ruling.
“Protecting the rights of all will underpin our actions.”
The Scottish Government said that it acted in “good faith” in its interpretation of both gender and sex, and that its interpretation was supported by the ECHR.
First Minister John Swinney expressed the same view, posting on social media shortly after the judgment was handed down.
Robison said the Scottish Government followed the guidance set out by the ECHR – guidance that she said was upheld twice by Scottish Courts – but acknowledged that the “highest court in the land had given a different ruling on the definition of a woman” in terms of the 2010 Equalities Act.
“That will mean changes for guidance,” she said.
“In making those changes, the Equalities Commission should make sure that they consult with and discuss any changes with different communities – including the trans community.”
However, she said she doesn’t think the ruling will “really impact” on trans people going about their daily lives.
“The ruling was clear that trans rights will also be protected under equalities legislation,” she said.
“Trans people will still be able to get on with their lives as they have done to date.
She added: “What will matter is the guidance from the Equalities Commission because public bodies will need to adhere to that.”
The Scottish Government has said it will work with both the UK Government and the ECHR to understand the “full implications” of the ruling today, and to re-shape and implement any new guidance that is issued.
“We want to reassure everyone that the Scottish Government is fully committed to protecting everyone’s rights, to ensure that Scotland remains an inclusive country,” a spokesperson said.
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