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4w ago

For Women Scotland Sues Scottish Government to Quash School and Prison Gender Guidance

The campaign group has served ministers with court papers demanding they withdraw policies it says flout the UK Supreme Court’s April ruling on the biological definition of sex.

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For Women Scotland says it was left with little choice but to take further legal action against the government
Susan Smith, left, and Marion Calder of For Women Scotland won in the Supreme Court after challenging the Scottish government this year

Overview

  • On August 16, For Women Scotland initiated an ordinary action for reduction at the Court of Session and formally served legal papers on the Scottish Government and lord advocate.
  • The group is asking the court to issue a declarator that school guidance on trans pupil facilities and prison rules on cell placements are unlawful and to suspend both policies pending judgment.
  • Ministers have 21 days to respond to the summons and maintain they will await the Equality and Human Rights Commission’s final statutory code before revising sector-wide policies.
  • Some public bodies, including Police Scotland and the Scottish Parliament, have already updated their single-sex space rules to reflect the Supreme Court’s April decision.
  • If the contested guidance is not withdrawn within the deadline, For Women Scotland plans to seek a court hearing and may request interim suspension of the policies.