Former Scottish first minister expresses concern about interim advice from EHRC
The final years of Nicola Sturgeon’s leadership were dominated by debate around the passing of her gender recognition legislation. Photograph: Stuart Wallace/Rex/Shutterstock
The lives of transgender people in the UK are at risk of being made “unliveable”, Nicola Sturgeon has said in her first public comments about the supreme court ruling on the legal definition of a woman, which was prompted by legislation she oversaw in the Scottish parliament.
The UK supreme court ruled that the terms “woman” and “sex” in the Equality Act referred only to a biological woman and to biological sex. This was the conclusion of a long-running court action by the gender critical campaign group For Women Scotland, who objected to a law passed at Holyrood aimed at improving women’s representation on public boards being extended to transgender women.
Sturgeon said the supreme court’s ruling – “by very definition … the law of the land” – could not be questioned but expressed profound concerns about interim advice published by the Equality and Human Rights Commission amounting to a blanket ban on trans people using toilets and other services of the gender they identify as.
“The question for me, and I think for a lot of people, is how that is now translated into practice; can that be done in a way that, of course, protects women, but also allows trans people to live their lives with dignity and in a safe and accepted way.
“I would be very concerned if that interim guidance became the final guidance and I hope that is not the case because I think that potentially makes the lives of trans people almost unliveable.
“It certainly doesn’t make a single woman any safer to do that because the threat to women comes from predatory and abusive men.”
The former first minister and SNP leader added that it was not inevitable that the judgment would make the lives of transgender people “impossibly difficult”, but there was a danger that certain interpretations could put transgender rights at risk.
“If that is the case, then yes, it would be my view that the law as it stands needs to be looked at,” she told reporters at the Scottish parliament on Tuesday.
The Scottish media and prominent gender critical campaigners have been calling on Sturgeon to respond since the ruling, which prompted jubilation among gender critical activists and sent shock waves through the trans community.
Sturgeon has been a staunch advocate of transgender rights, and the final years of her premiership were dominated by the increasingly toxic and polarised debate around the passing of her flagship gender recognition reforms in late 2022.
The bill, which was passed with cross-party support at Holyrood, made it easier and less intrusive for individuals to legally change their gender, extending the new system of self-identification to 16- and 17-year-olds for the first time. But it was immediately blocked by the Rishi Sunak’s UK government as cutting across the UK-wide Equality Act.
After this unprecedented veto, Sturgeon accused some opponents of the bill of using women’s rights as a “cloak of acceptability to cover up what is transphobia”, telling the NewsAgents podcast that some critics of the legislation were also “deeply misogynist, often homophobic, possibly some of them racist as well”.
On Tuesday Sturgeon rejected the suggestion made by many of her critics that she owed them an apology after the ruling.
“I fundamentally, and respectfully, disagree,” she said. “I recognise the different views on this, I’ve always recognised the different views on this, but I think its important that respect runs in both directions.”
But co-director of For Women Scotland, Susan Smith, said Sturgeon’s claim that life would be made “unliveable” was “frankly wrong and quite disturbing”. Smith told BBC Scotland News that single-sex spaces were needed to provide women with “privacy, dignity, safety at time when they’re vulnerable”.
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