Scotland’s top lawyer has called for a Green MSP to apologise after she accused the Supreme Court of “bigotry, prejudice and hatred” in the wake of its judgement on the definition of a woman.
Maggie Chapman told STV News that she will not stand down or reconsider her role as deputy convenor of Holyrood’s Equalities, Human Rights and Civil Justice Committee in the face of the controversy.
Roddy Dunlop KC, the dean of the Faculty of Advocates, called for a “fulsome and swift apology” from Chapman and questioned whether she could continue as deputy convenor.
The North East region MSP made a speech to a crowd during a pro-trans protest event in Aberdeen over the Easter weekend.
In a video, she can be heard saying: “We say not in our name to the bigotry, prejudice and hatred that we see coming from the Supreme Court and from so many other institutions in our society.”
Her comments have been criticised by politicians and campaigners.
“As a politician, it is my job, I believe, to stand up for trans people who have been largely cast as a threat, as a danger to society,” Chapman told STV News.
“That’s not fair, that’s not right, and I will continue standing up for the trans community.”
Last week, the UK Supreme Court ruled that the legal definition of a woman refers to “biological women and sex”.
The unanimous landmark judgement determined that the terms “woman” and “sex” in the 2010 Equality Act refer to biological women and sex.
This means it does not extend to a trans woman with a gender recognition certificate (GRC).
The ruling has been praised by women’s rights campaigners and public bodies but has faced backlash from trans rights organisations and trans people.
Chapman said she was not referring to the Supreme Court judges as individuals when she made her comments.
“We know there is racism, sexism, misogyny, homophobia, and transphobia in society,” she said.
“It stands to reason that some of those views find their way into the structures of our institutions – in the same way we say the police are institutionally racist.”
Chapman said she has faced a “torrent” of abuse both in person and online for her views, but she said she won’t back down.
“It’s my job to stand up for the trans community and I will continue to do that,” Chapman said.
Mr Dunlop said the Faculty of Advocates had a “duty to speak out in defence of the judiciary when it comes under attack”.
“These are appalling comments to come from any elected politician,” he said.
“They are all the worse when they come from someone who holds the post of Deputy Convenor of the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee.
“It really should not require to be said, but the Supreme Court – indeed, all judges – are in post to apply the law. They do not take sides. They decide without fear or favour, consistently with the judicial oath.
“For Ms Chapman to claim that they were swayed by ‘bigotry, prejudice and hatred’ is outrageous. We are talking about the apex court of these islands, in this instance made up of a bench which included two of Scotland’s finest legal minds, as well as two women.
“No sensible person could read their dispassionate analysis and conclude that they were swayed by such matters.”
Mr Dunlop said “a fulsome and swift apology is warranted” and suggested that Chapman’s comments were not compatible with her Committee role.
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