NO CHANGE THEN
The Supreme Court Decision in For Women Scotland v The Scottish Govt
The Supreme Court has produced a complex decision based on
Statutory Interpretation, and the interpretation of the Equality Act in the
specific context of statutory guidance. The decision needs considered &
careful reading, but this is my initial take on it.
The Court confirms the current position; that there are circumstances
in which the biological categories of sex can be of relevant when providing
single or separate sex services. Single
or separate sex service providers are reassured that in certain circumstances,
as has always been understood, they may discriminate and exclude trans people from
their services if it is a legitimate and proportion response to do so.
But this is ONLY a potential to restrict access for trans people to Single and Separate Sex services.
Service providers make their own decision.
It is up to a service provider as to who can use their services.
It is notable that the Court lays out very clearly (in paras 250 onwards), its reasoning as to why this decision will not impact the rights of Trans people to not experience discrimination where a Service provider does not have a proportionate or legitimate response to do so.
The Court made it quite clear that trans people with or without a GRC
should not experience discrimination, and their decision did not give a right
to discrimination beyond the exemption that already existed
The decision does not remove the rights of trans people, nor
does it remove the legal recognition and rights that a trans person, who has
obtained gender recognition, has under the Gender Recognition Act.
The decision acknowledges that the Equality Act provides for
some limited circumstances in which Single and Separate sex services may
exclude trans individuals on the basis of their biological sex. However, if
that exclusion is not legitimate or proportionate trans people will still be
able to make a claim for discrimination.
The 'Other side' will claim this decision as a massive victory, but it does not change the law and gives women no more rights than they already had.
Advice To the UK Trans community:
Stay Calm and Carry on as normal.
If you experience discrimination or harassment:
- - Do not get into aggressive standoffs - walk away (to carry on the fight on another day)
- - Promptly record exactly what happened, how, when, why and whom
- - Contact a free legal advice service such as a local law centre to consider your options
