Transgender

Sturgeon criticises Supreme Court ruling on single-sex spaces

Nicola Sturgeon Gov Scot site photo

Former First Minister Nicola Sturgeon has warned that the recent UK Supreme Court ruling defining sex as biological could make life “almost unliveable” for transgender individuals.

The landmark judgment, issued last month, confirmed that under the Equality Act 2010, “sex” refers to biological sex, not gender identity.

The ruling followed years of legal debate, much of it stemming from gender reforms initiated by Sturgeon’s government in Scotland in 2018.

Following the decision, the Equality and Human Rights Commission (EHRC) released interim guidance stating that trans women should not be permitted to access single-sex women’s spaces such as hospital wards, changing rooms, and certain public facilities.

Sturgeon, speaking at Holyrood this week, voiced strong opposition to the EHRC’s position, saying, “I would be very concerned if that interim guidance became the final guidance. I think that potentially makes the lives of trans people almost unliveable.”

While Sturgeon accepted the Supreme Court's authority, she warned that the practical implications could lead to what she called "impossibly difficult" situations for transgender people. She stressed that safety for women, in her view, does not come from barring trans individuals but from addressing predatory male behaviour.

However, many women’s rights advocates have praised the decision for restoring clarity to a key legal definition and for prioritising protections in vulnerable spaces.

Sturgeon’s own efforts to pass gender self-ID laws were blocked by the UK Government earlier this year amid significant backlash from both faith communities and feminist groups. Critics argued the proposals would have undermined safeguards in single-sex spaces and created legal confusion.

The debate intensified after high-profile incidents, including the case of Isla Bryson, a transgender rapist initially placed in a women’s prison, and Sandie Peggie, an NHS nurse in Fife who was forced to share a changing room with a transgender doctor.

Scottish Conservative deputy leader Rachael Hamilton accused Sturgeon of having “betrayed women” and called on her to apologise for the “reckless” gender policy.

The Scottish Government says it accepts the Supreme Court’s ruling and awaits full EHRC guidance this summer.

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