A gender critical charity is threatening further legal action against the Scottish Government, saying ministers are failing to implement the recent Supreme Court judgment on biological sex in equalities law.
Sex Matters, which intervened in the For Women Scotland case against the government, has sent ministers a formal “letter before action”.
In April, the Supreme Court said the words “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex – a ruling which had implications for access to single-sex spaces.
Sex Matters argue the Scottish Government is failing to implement the ruling in the public sector, though ministers including John Swinney have said they accept the judgment and are waiting for further guidance from the Equalities and Human Rights Commission before taking the next steps.
The letter, seen by the PA news agency, says the government must implement the ruling “without delay”.
It also says the government’s guidance in a document called “Supporting transgender pupils in schools” is “wrong and must be withdrawn with immediate effect”.
The charity’s chief executive Maya Forstater spoke to the BBC’s Good Morning Scotland radio programme on Wednesday.
She said: “The Supreme Court has made the law absolutely clear: men are male and women are female and both have a right to dignity and privacy in things like toilets and changing rooms as well as specialist services like women’s refuges.
“The Scottish Government is dragging its feet, it hasn’t changed its policies.”
Ms Forstater said the government had not implemented the ruling in schools or in its own facilities.
She said the government has 14 days to reply to the letter, adding: “All we’re asking them to do is put a simple statement on their website which says that their facilities are separated by sex and they also provide unisex facilities so everyone’s included.”
In response to Sex Matters’ concerns, a spokesman for the government told The Times: “The Scottish Government has been clear that we accept the Supreme Court judgment.
“We are reviewing policies, guidance and legislation potentially impacted by the judgment.
“This will prepare us to take all necessary steps when the regulator of the Equality Act 2010, the Equality and Human Rights Commission, publishes its revised statutory code of practice and associated guidance for services, public functions and associations. The EHRC is currently consulting on this revised code of practice.
“We will respond to any letter received in due course.”
