Sex Matters drops Scottish Government legal challenge on single-sex spaces
The group has asked the government to clarify its new guidance for trans and non-binary staff.
Sex Matters has dropped its legal challenge against the Scottish Government’s single-sex spaces guidance.
The group had lodged a petition for a judicial review over the Government’s trans and non-binary equality and inclusion policy, which allowed trans people to use the toilets and changing rooms of their choice.
However, last week the Government updated the policy and removed this line from the document: “Trans staff should choose to use the facilities they feel most comfortable with.”
This means government staff must now use the facilities that align with their biological sex.
Sex Matters said its legal challenge was due to the Government’s “inaction” to update its workplace regulations following the UK Supreme Court judgement back in April. This judgement ruled the terms “woman” and “sex” in the Equality Act 2010 referred to biological sex only.
However, the group has now written to the Scottish Government to withdraw the legal challenge.
It has still asked the Government whether it “recognises that a man going into the women’s facilities (other than for cleaning or maintenance, where a sign is generally put up) is likely to be undertaking unwanted contact which meets the definition of sex-based harassment”, and to clarify that “as a result of the policy change staff who identify as trans or non-binary staff are not authorised to use facilities provided for the opposite sex”.
Sex Matters has also asked the government to confirm that any staff who use single-sex facilities that do not align with their biological sex are displaying “unacceptable behaviour” and will face “disciplinary policy and procedures”. It has also asked for clarification on whether the updated guidance applies to visitors to Scottish Government buildings.
Last week the Government updated its guidance banning trans staff from using toilets based on their preference.
Ministers also wrote to health boards across the country “reinforcing the importance of ensuring the law is followed”. NHS Fife, which is being sued by nurse Sandie Peggie over a trans doctor using the female changing room, told staff they now need to use the facilities that align with the sex they were born as.
This came only days after Education Secretary Jenny Gilruth updated government guidance on schools, meaning all schools in Scotland must provide single-sex toilets.
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