Transgender people are “worried that people are coming after their right to exist” after the Supreme Court’s ruling, an MSP has said.
The court handed down its decision on Wednesday in a long-running case brought by campaign group For Women Scotland against the Scottish Government.
What started as a challenge to the inclusion of trans women in the Gender Representation on Public Boards (Scotland) Act 2018 landed at the Supreme Court in London, where the judges unanimously decided the definition of “woman” in the 2010 UK Equality Act relates to biological sex.
The Green MSP spoke in the wake of the judgment (Andrew Milligan/PA)
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The case is expected to have wide-ranging repercussions for transgender people accessing the services in their acquired gender, with the Equality and Human Rights Commission currently drafting new guidance for service providers.
In handing down the decision, Lord Hodge stressed the ruling should not be seen as a victory for either side, but politicians and other supporters of the groups have declared it as such.
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Speaking to BBC Radio Scotland on Thursday, Green MSP Maggie Chapman said transgender people fear what could happen after the judgment.
“What the judge said yesterday morning about this ruling not being taken as a victory, the response by For Women Scotland and associated groups yesterday was very, very clear,” she said.
“They are taking this as a victory and I think that’s something quite potentially dangerous about where they go next.
“We’ve already heard people say they want to repeal the Gender Recognition Act 2004 and trans people are worried that people are coming after their right to exist.”
While some within the gender critical movement do believe in repealing the UK-wide gender recognition law, there has not been any move in the House of Commons to do so.
Gender issues have been at the fore in Scotland in recent years, sparked by the push from Nicola Sturgeon’s government to reform the process and make it easier for a trans person to obtain a gender recognition certificate (GRC).
These reforms were eventually blocked by the previous UK administration and never became law.
Ms Chapman said Scottish ministers should “explore” the option of reviving the legislation, after the issue of access to single-sex spaces and services – one of the most contentious debates around the Bill – was resolved by the court.
The ruling means transgender women with a GRC can be excluded from single-sex spaces if “proportionate”.
The Scottish Government has said it has no plans to push forward with the legislation.
Speaking later on the same programme, Scottish Conservative MSP Rachael Hamilton denied the judgment would “stoke hatred”.
She said: “For Women Scotland of course believe this is a victory, because they had to go to the Supreme Court to fight this.
“I listened to what Maggie Chapman said, I don’t believe this is a culture war and I don’t believe that this will stoke hatred.
“This just brings clarity to single-sex spaces.”
Meanwhile, Alba Party MSP Ash Regan – who quit as a Scottish Government minister over the gender reforms before defecting – has lodged a motion in Holyrood calling on the Scottish Government to take “urgent action” to make sure public bodies are “following the law” and putting the ruling into practice.
