On Wednesday, judges at the UK’s highest court unanimously ruled the definition of a “woman” and “sex” in the Equality Act 2010 refers to “a biological woman and biological sex”.
Health minister Karin Smyth told Anna Jones on Sky News Breakfast: “Obviously, public bodies have been asked to look at their own guidance.
“And we will do that very, very carefully.”
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She said the court’s ruling was “very clear” about women’s rights being defined by sex, which she said “will give clarity to companies”.
But she warned against public bodies making statements “that may alarm people”, telling them to take their time to look at their guidance.
The ruling marked the culmination of a long battle between campaign group For Women Scotland and the Scottish government after the group brought a case arguing sex-based protections should only apply to people born female.
Judge Lord Hodge said the ruling should not be read as “a triumph of one or more groups in our society at the expense of another”.
He said the Equality Act 2010 “gives transgender people protection, 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”.
Ms Smyth said those who identify as transgender “will feel concerned” after the ruling but said the Gender Recognition Act still stands and gives people who identify differently to the sex they were born in “the dignity and privacy of presenting differently”.
She said NHS policy of having same sex wards remains, and the NHS has been looking at how to support both transgender men and women.
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Scotland’s First Minister John Swinney said the Scottish government “accepts” the judgment and said the ruling “gives clarity”.
Trina Budge, director of For Women Scotland, said it was a “victory for women’s rights” and said the case was “never about trans rights” as transgender people are “fully protected in law”.
“It means there’s absolute clarity in law regarding what a woman is. We know for sure now that we are referring to the biological sex class of women,” she told Sky News.
“And that when we see a women-only space, it means exactly that. Just women. No men. Not even if they have a gender recognition certificate.”
Transgender woman and Scottish Greens activist Ellie Gomersall said the ruling “represents yet another attack on the rights of trans people to live our lives in peace”.
Scottish Greens MSP Maggie Chapman added: “This is a deeply concerning ruling for human rights and a huge blow to some of the most marginalised people in our society.”
LGBT charity Stonewall said there was “deep concern” around the consequences of the ruling.
