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Trans women barred from Scottish Parliament's female lavatories

Trans women barred from Scottish Parliament's female lavatories

Telegraph08-05-2025

Trans women are to be banned from using female-only facilities in the Scottish Parliament from next week after the Supreme Court ruled that they are not women.
Holyrood's ruling corporate body announced that access to all single-sex facilities in the parliament would be determined by biological sex from Monday.
Alison Johnstone, the presiding officer, said extra gender-neutral facilities would be made available, including showering and changing spaces.
With the court ruling in effect now, she said it was important to act 'not only to ensure we fulfil our legal responsibilities but to give clarity to all those using the building'.
The Tories and feminist campaigners welcomed the move but said John Swinney, the First Minister, now had no excuse for dragging his heels on implementing the ruling in the rest of Scotland's public sector.
Swathes of state-funded bodies, including the Scottish Government, NHS boards and councils allow biological men self-identifying as women to use female facilities.
Experts have warned these practices will have to be scrapped following the Supreme Court's ruling that the definition of a woman is based on biological sex, and does not include trans women.
But Mr Swinney has said that they should delay acting on the ruling until the Equalities and Human Rights Commission (EHRC) publishes official guidance in the summer.
This is despite the EHRC publishing interim advice making clear that access to single-sex facilities in workplaces and public services should be based on biological sex.
It has also warned that the Supreme Court ruling takes effect 'immediately' and noted that the ruling was 'very readable', suggesting that it was clear what action was required.
The Scottish Parliament's Corporate Body (SPCB) wrote to all MSPs and staff setting out its interim response to the ruling following an initial review.
Tess White, the Scottish Conservative equalities spokeswoman, said: 'We strongly welcome this timely response to the Supreme Court ruling which protects women's legal rights to access single-sex spaces.
'If the Scottish Parliament can respond to the Supreme Court judgment so swiftly, there is no excuse for John Swinney to keep dragging his heels. He must instruct all public bodies to uphold the law immediately instead of pandering to gender extremists.'
Lisa Mackenzie, of policy analysts Murray Blackburn Mackenzie, said: 'We are pleased to see Scotland's legislature taking seriously its responsibility to comply with the Supreme Court ruling.
'We hope the Scottish Government and other public bodies will follow its lead. Organisations should be putting policies in place that comply with the law without delay, instead of waiting for future guidance.'
Marion Calder, a director of For Women Scotland, the feminist campaign group that won the Supreme Court case, also argued other bodies should follow suit. She added: 'It's not that hard to do and it never was.'
Maya Forstater, chief executive of human rights charity Sex Matters, said: 'For many years, Scottish women who sought to engage democratically were ignored and insulted by their government.
'Staff in Holyrood confiscated badges and clothing in Suffragette colours, and even removed them from proceedings. So to recommend that other public bodies across the UK should take this announcement as a model is surreal, but highly welcome.'
Ms Johnstone, Holyrood's version of the Commons Speaker, said that in practical terms the new rules, in line with the Supreme Court judgment, would mean that all facilities designated as male or female will be interpreted as meaning biological sex.
A bank of three toilets in the public area of the parliament are to be designated as a 'gender-neutral facility' that could be used by trans people.
In addition, an existing shower and changing facility and a toilet in the non-public part will also be gender-neutral. Both are single lockable spaces, she said.
Nicola Sturgeon, the former first minister, warned earlier this week that the manner in which the court ruling would be translated into practice could make the lives of trans people 'almost unliveable.'
The Scottish Government was approached for comment.

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