Campaigners who won a legal victory on the definition of a woman are taking action against the Scottish government over policies it says are “inconsistent” with the ruling.
For Women Scotland have lodged an action at the Court of Session, claiming rules on transgender pupils in schools and transgender people in custody are “in clear breach” of a Supreme Court judgement in April.
Judges ruled the words “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex after For Women Scotland brought forward a legal challenge against Scottish ministers.
A Scottish government spokesperson said it was unable to comment on live proceedings.
Guidance for single-sex toilets in schools states young people “where possible” should be able to “use the facilities they feel most comfortable with”.
In prisons, current guidelines allow for a transgender woman to be admitted into the women’s estate if the person does not meet the violence against women and girls criteria and there is no basis to “suppose” they pose an “unacceptable risk of harm” to those housed in the women’s estate.
However, For Women Scotland allege those policies are “inconsistent” with the Supreme Court judgement and remain “stubbornly in place”.
It has raised an ordinary action for reduction – quashing – of the policies relating to schools and prisons, first reported by The Sunday Times.
In a statement, the group claimed the rules remaining in place were to the “detriment of vulnerable women and girls”.
It said the Scottish government had 21 days to respond to the action.
“We are asking the court to issue a declarator that the school guidance and the prison guidance are unlawful and that they be reduced in whole,” it said.
“We are also asking that both policies are suspended in the meantime.”
A Scottish government spokesperson said: “It would be inappropriate to comment on live court proceedings.”
