Response from my MP re: Interim Guidance; Kirsteen Sullivan - Lab, Bathgate & Linlithgow

Good morning,

Thank you for contacting me about the Supreme Court ruling on the appeal brought by For Women Scotland. In its judgment, the Supreme Court announced on 16 April it had reached a unanimous decision that the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological sex. It ruled that a Gender Recognition Certificate does not change a person’s legal sex for the purposes of the Act.

It stated the definition of sex in the Act “makes clear that the concept of sex is binary”. It further noted that ‘although the word “biological” does not appear in this definition, the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman.

It is extremely important to note the Court warned against reading this judgment “as a triumph of one or more groups in our society at the expense of another”. As it explained, transgender people are protected by the Equality Act - not only against discrimination through the protected characteristic of gender reassignment - but also against direct discrimination, indirect discrimination and harassment in substance in their acquired gender. These protections are available to transgender people regardless of whether they possess a Gender Recognition Certificate or not.

I welcomed the clarity brought by the ruling, as my personal understanding has always been that sex in the Equality Act is biological sex, particularly as there is a separate protected characteristic of Gender Reassignment to provide protection for those within the trans community.

The UK Government has also acknowledged the clarity this ruling brings and emphasised its commitment to single-sex spaces. I know Ministers in both the UK and Scottish Parliaments will now want to carefully consider the ruling in detail and ensure it is applied across a range of settings. Also, I understand the Equality and Human Rights Commission has advised it hopes to have a new statutory code of practice ready by summer.

Furthermore, on 22nd April, The Minister for Women and Equalities addressed the House on this matter. She reinforced that this Labour Government is one which will always protect women’s safety, alongside the rights of trans people- with dignity and respect for all at the core of the Government. The Minister emphasised that this is a significant change to the epidemic of violence against women and the denial of dignity for the trans community seen under the last Conservative Government. You can read her full statement here “For Women Scotland” Supreme Court Ruling - Hansard - UK Parliament

Additionally, I am writing to the Minister to advise that these changes have left some of my constituents feeling uncertain and fearful. I will suggest that further guidance would be helpful to address the responsibilities of service providers to support those within the trans community.

I appreciate this is an issue with very strongly held views on both sides of what has become an extremely polarised debate. It is essential that people in positions of authority, such as politicians, emphasise the importance of treating everybody with dignity and respect, while also respecting the rule of law.

Thank you once again for contacting me about this import issue.

Kind regards, Kirsteen

Kirsteen Sullivan MP, Bathgate & Linlithgow