A campaign group that won a legal victory on the definition of gender is taking action against the Scottish government over policies it says are “inconsistent” with the ruling.
For Women Scotland’s legal battle with Scottish ministers over the definition of a woman ended in the UK’s supreme court, which ruled in April that the words “woman” and “sex” in the Equality Act 2010 referred to a biological woman and biological sex.
However, the group said it now had “little choice” but to take further legal action as some policies regarding transgender pupils in schools and transgender people in custody remained in place, which the group said was “in clear breach of the law”.
The schools guidance for single-sex toilets says it is important that young people “where possible, are able to use the facilities they feel most comfortable with”.
The prison guidance allows for a transgender woman to be admitted into the women’s estate if the person does not meet the violence against women and girls criteria, and there is no other basis to suppose they pose an unacceptable risk of harm to those housed in the women’s estate.
For Women Scotland has now applied to the court of session, seeking to quash the policies, which it says are “inconsistent with the UK supreme court judgment of 16 April 2025”.
It has raised an ordinary action for reduction – quashing – of the policies relating to schools and prisons, with the news first reported by Sunday Times Scotland.
In a statement, the group said: “Nothing has persuaded the government to take action and both policies remain stubbornly in place, to the detriment of vulnerable women and girls, leaving us little choice but to initiate further legal action.
“The Scottish ministers have 21 days to respond to the summons. If the policies have not been withdrawn by then, we will lodge the summons for calling, and the government will have to defend its policies in court.
“We are asking the court to issue a declarator that the school guidance and the prison guidance are unlawful and that they be reduced in whole. We are also asking that both policies are suspended in the meantime.”
A Scottish government spokesperson said: “It would be inappropriate to comment on live court proceedings.”
For Women Scotland previously brought a series of challenges over the definition of “woman” in Scottish legislation mandating 50% female representation on public boards.
The last step of these ended in the supreme court ruling, which the campaign group’s supporters hailed as a “watershed for women”.
