The lives of transgender people are at risk of being made “almost unliveable” following the Supreme Court’s judgement on the definition of a woman, according to former first minister Nicola Sturgeon.
The ex-SNP leader, speaking for the first time about the landmark ruling, also raised concerns about interim guidance issued by the Equality and Human Rights Commission.
The Supreme court ruled last month that sex is defined by biological sex under equality law.
Sturgeon said the court’s authority could not be questioned, but said the key issue was how the ruling was translated into practice.
The Supreme Court ruling followed years of legal wrangling which began in 2018 while Sturgeon was first minister.
The EHRC has since published an interim update on what it means for the operation of single-sex spaces.
It states that in places like hospitals, shops and restaurants, trans women should not be permitted to use women’s facilities
Speaking to reporters in the Scottish Parliament, the former SNP leader said: “I would be very concerned if that interim guidance became the final guidance.
“I hope that’s not the case because I think that potentially makes the lives of trans people almost unliveable.”
A prominent supporter of transgender rights, Sturgeon’s government introduced controversial gender recognition reforms that would have made it easier for people in Scotland to change their legally-recognised sex.
The reforms were ultimately blocked by the UK government.
‘Impossibly difficult’
Sturgeon said she “fundamentally” disagreed with claims that she owed an apology to opponents of the gender recognition reforms.
The former first minister said no-one could question the authority of the Supreme Court.
However, she said questions remained about how the judgment would be put into practice in a way that protects women and allows trans people to live with “dignity” and in safety.
Sturgeon told reporters: “I think some of the early indications would raise concerns in my mind that we are at risk of making the lives of trans people almost unliveable and I don’t think the majority of people in the country would want to see that.
“It certainly doesn’t make a single woman any safer to do that because the threat to women, as I think we all know, comes from predatory and abusive men.”
She said it was not “inevitable” that the judgement makes the lives of trans people “impossibly difficult”, but said there was a danger that could happen depending on the way the ruling was interpreted.
The SNP MSP told reporters if that happened then changes to the law as it stands would need to be considered.
The Scottish government has said it accepts the Supreme Court ruling and is awaiting full EHRC guidance, which is expected in the summer.
The case followed years of heated debate over transgender and women’s rights, including controversy over transgender rapist Isla Bryson initially being put in a women’s prison and an ongoing employment tribunal involving a female NHS Fife nurse who objected to a transgender doctor using a women’s changing room.
Scottish Conservative deputy leader Rachael Hamilton said: “Nicola Sturgeon betrayed women and divided Scotland with her reckless gender self-ID policy, yet she still can’t bring herself to apologise.”
She added: “Nicola Sturgeon needs to hold her hands up and say sorry to the women of Scotland.”
