The Scottish Government has told a campaign group it will appear in court after the group sought to annul government guidance on prisons and schools relating to transgender people, the group and court papers say.
For Women Scotland (FWS) launched a secondary legal action in August after the UK Supreme Court in April ruled that single‑sex spaces should be provided on the basis of biological sex. The group says the guidance at issue allows male‑born offenders to be housed in women’s prison accommodation and permits transgender pupils to use toilets and take part in single‑sex sports on the basis of self‑identified gender.
FWS said the Scottish Government failed to withdraw the guidance within 21 days of the Supreme Court judgment and that the group’s summons was called by the Court of Session on Sept. 10. Lawyers for the government have told FWS it will appear in the action rather than accept a withdrawal of the guidance, FWS co‑director Trina Budge said on Saturday.
"The Supreme Court ruling should have been the final word on the matter but it seems the arrogance of the Scottish Government knows no bounds," Budge said in remarks quoted by the campaign group. Budge said the government now has seven days to lodge any defence after the court called the summons.
The Scottish Government said it accepts the Supreme Court ruling and has been carrying out "detailed work" required by the judgment. A government spokesman said the work is ongoing and that it would be inappropriate to comment on live court proceedings.
The April Supreme Court decision, brought by For Women Scotland, clarified that the law requires single‑sex spaces to be organised on the basis of biological sex. The ruling prompted public bodies including Police Scotland and the Scottish Parliament to revise guidance on sex and gender.
FWS and other critics say ministers have not implemented the ruling in guidance for prisons and schools. Latest figures provided by campaigners state there are 16 transgender inmates held in women’s prisons in Scotland, and media reporting has identified individual cases including Paris Green (formerly Peter Laing), serving a life sentence for murder and held in a women’s wing, and Alex Stewart, who changed gender after being jailed in 2013 for murder and has been held at HMP Greenock since 2016.
The Scottish Government has previously said it accepts the Supreme Court ruling while noting that implementing its consequences requires careful, detailed work across sectors. First Minister John Swinney has said he accepts the judgment, and ministers have insisted they are addressing necessary changes in policy and practice.
Policy analysts and campaigners critical of the government’s guidance have argued that housing transgender inmates in women’s accommodation and allowing transgender pupils access to single‑sex facilities based on identity rather than biological sex raises safety and legal concerns. Lisa Mackenzie of the policy group MurrayBlackburnMackenzie was quoted by FWS as saying it was "beggars belief" that the Scottish Government would continue to defend the guidance.
Legal proceedings in the Court of Session are ongoing. If the Scottish Government files a defence, a court timetable will determine next steps in the challenge. The government reiterated that it would not comment further on live litigation while the case proceeds.