iStockCampaigners have demanded the Scottish Government make a statement surrounding its policies on single-sex spaces in government properties, or face legal action.
For the second time in recent weeks, Scottish ministers have been threatened with a lawsuit if it fails to implement a recent judgment on biological sex in equalities law.
The Supreme Court’s ruling in April said the words “woman” and “sex” in the Equality Act 2010 refer to a biological woman and biological sex – a ruling which had implications for access to single-sex spaces.
On Wednesday, gender critical campaigners from Sex Matters sent their second “letter before action” to the Scottish Government.
The group have demanded the Scottish Government make a statement that all single-sex facilities on its estate must be interpreted as meaning biological sex, setting a deadline for July 9.
The latest letter reads: “To the extent that the Scottish Government does not immediately stop the unlawful practices set out in this letter we may decide to commence proceedings without further warning.”
It notes there are 1,016 toilets across the government’s core estate, in a mixture of unisex and separate-sex facilities.
Sex Matters argue the Scottish Government is failing to implement the ruling in the public sector, however ministers including John Swinney have said they accept the judgment and are waiting for further guidance from the Equalities and Human Rights Commission before taking further steps.
In their first letter, Sex Matters said: “It is clear that taking no action at the moment is not a lawful option that is available to the Scottish Government.
“As a bare minimum, the Scottish Government is required – now – to review and amend its practices and policies and guidance to ensure that it is made clear that ‘single-sex spaces’ means single biological sex spaces.”
Responding to the first threat from Sex Matters, social justice secretary Shirley-Anne Somerville said the Scottish Government “recognises the law” and is “working at pace right across Government” to make the necessary changes.
Somerville previously told STV News: “We have civil servants working on our policies, procedures, and legislation that require change. That work has been undertaken straight from the Supreme Court judgement and continues to be undertaken.
“We’ve started that work, and it is continuing at pace right across government.”
Somerville said she was “very confident” that the work the Government is doing will look at every policy and procedure that needs to be changed following the ruling.
“If there are changes to be made, they will be made,” she said.
A Scottish Government spokesperson said: “The Scottish Government has made clear it accepts the Supreme Court ruling and since April has been taking forward the detailed work that is necessary as a consequence of the ruling. That work is ongoing.”
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