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For Women Scotland is suing the SNP Government over its failure to comply with the Supreme Court ruling, accusing ministers of refusing to abide by it.
The campaign group backed by Harry Potter author JK Rowling secured a major victory after the UK’s highest court ruled that legal sex under the Equality Act is defined by biology, not gender identity.
It claimed it had been left with “little choice” but to take the Scottish executive to court for a third time after SNP politicians refused to abandon its controversial gender self-ID policies, which the group states are a clear breach of the law.
The proceedings will be hoping to quash guidance for state schools that trans pupils should be able to use lavatories and changing facilities they “feel most comfortable with”.
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It also allows for biological boys, if they identify as female, to compete against girls in school sports. The organisation has already defeated the SNP Government in the courts twice. It is also targeting the Scottish Prison Service, which is continuing to allow biological male prisoners to be housed in women’s jails.
However, the SNP Government has repeatedly refused to amend its policies on self-ID throughout the public sector, saying it is waiting for formal guidance from the Equality and Human Rights Commission.
The ruling means that trans women should not be granted access to single-sex spaces. The Scottish Parliament and Police Scotland have rewritten policies to comply with the law around single-sex spaces.
First Minister John Swinney has insisted he respects the Supreme Court ruling despite facing allegations he is deliberately attempting to delay implementing the law until after the Holyrood election to preserve SNP unity.
The Sunday Times revealed that the gender-critical organisation applied to the Court of Session for permission to continue with its action. If the group’s case is successful, it would quash policies in schools and prisons.
The Lord Advocate and Scottish ministers were formally served legal papers on Friday, giving them 21 days to respond.
Trina Budge, director of For Women Scotland, claimed two cabinet ministers refused “point blank” to withdraw unlawful documents and responded to the Supreme Court ruling with only “resistance and denial”.
She added: “Male murderers are still locked up in women’s prisons and children have returned to school after the summer holidays into a quagmire of confusion, with many councils still following government instructions to let some teenage boys change with the girls.
“The delay in implementing the Supreme Court ruling is simply unacceptable and is unfair to vulnerable women and girls who continue to suffer from the government’s procrastination and incompetence.”
The group has proceeded with an “ordinary” action for the “reduction” of government policies, which would annul unlawful legislation and policies by the courts. They have avoided submitting a judicial review.
It is a more straightforward process and should deliver a much quicker outcome than a judicial review, which can take over a year to conclude.
For Women Scotland hopes to have a court date within a few months of the 21-day deadline passing. The group is reportedly considering an interim order suspending policies in light of the case.
A spokesman for the Scottish government said: “It would be inappropriate to comment on live court proceedings.”
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