Schools must provide single-sex toilets in Scotland
It is a ruling that campaigners have warned could now set a precedent following a landmark Supreme Court judgement on the definition of a woman.
Judges determined the term woman in the 2010 Equality Act related only to biological sex - not a transgender individual with a gender recognition certificate (GRC).
It means government and public bodies are now considering a review of their policies, including on access to single-sex spaces.
Mr Stratford and Ms Hurley complained at the lack of single-sex spaces at the replacement school, where their eight-year-old son Ethan was a pupil.
The Berwickshire parents also feared their son would be reprimanded if he misgendered another pupil at the £16.6 million school.
The local authority had previously dismissed concerns, but on Wednesday morning Ruth Crawford KC accepted the terms of the declarator on behalf of the council.
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That made it clear the policies at the school were unlawful, it is understood.
Ms Hurley told the Times newspaper that their son had been 'forced out' of the school.
She said: 'We felt we had no choice but to pull our child out of the school which left him devastated. As a parent, you have a right to choose where you send your children to school and ultimately we were forced out, because they were breaking the law.
'We're hoping that following this ruling, this nonsense will stop, adults pay attention and properly safeguard all children within a school setting.'
She also raised concerns about their three-year-old daughter potentially having to share communal bathrooms with boys once she joined the school.
It comes amid concerns that public bodies, including councils, hospitals and prisons, had misinterpreted equalities legislation, which led many to adopt self-ID policies.
For Women Scotland, who supported the parents, have warned that public institutions face more legal challenges while these policies continue.
Representing the parents, solicitor Rosie Walker said the Court of Session ruling was "undoubtably" the first of many.
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She told the Times: "The reality is that public bodies are subject to the Equality Act and they cannot outsource their responsibility to comply with it to campaigning bodies.'
On X, For Women Scotland said the Court of Session decision was "clear" for all schools in Scotland.
The Scottish Government has said it "accepts" the judgment of the Supreme Court and is set to meet with the Equality and Human Rights Commission (EHRC) on Thursday to determine next steps.
The EHRC will present an updated code of conduct this summer which could influence guidance issued by public bodies.
Meanwhile, Scottish First Minister John Swinney repeatedly refused to say whether he believed trans women were women during a press conference in Glasgow.
The First Minister told journalists on Wednesday: 'That issue has been settled by the Supreme Court.
'The Supreme Court has given us the basis of law for that to be the case and that's what I accept.'
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