Trans guidance from equality watchdog may foster distrust, SNP warns

Times

2 days ago

Proposed transgender guidance from Britain's equalities watchdog will foster 'distrust' and lead to 'social policing of bodies', the SNP has warned.
Ministers said the draft changes to the code of practice from the Equality and Human Rights Commission (EHRC), made after the Supreme Court ruling that women are defined by biological sex under equalities law, 'may lead to abuse'.
In a submission to the EHRC's consultation, the Scottish government repeated its acceptance of April's Supreme Court judgment, which came after it lost a legal challenge brought by campaigners.
However, it raised concerns about proposals of how it should be implemented in practice, leading For Women Scotland, the group that won the case, to accuse the devolved government of echoing messaging from 'transactivist groups it heavily funds'.
The EHRC draft guidance includes a biological definition of sex and states that this should be the basis for granting access to single-sex facilities and services. In practice, this would mean trans women being barred from female-only spaces.
In the submission, the Scottish government said: 'We note that the impact of the guidance may lead to situations where some members of the public will take it upon themselves to judge appearances and assume someone's sex based on their perception of that person's sex or gender identity.
'This sense of distrust in others and social policing of bodies is detrimental not only for trans and non-binary people, but for those who are born male or female who may not fit into society's current expectations of what a man or woman looks like, which change over time, and in different contexts and places.'
The SNP has faced criticism for its failure to implement the Supreme Court ruling, with a series of policies that allow gender self-ID still in operation throughout the public sector.
These include guidelines for teachers, which state that biological boys should generally be allowed to participate in girls' sports and workplace guidance, which says trans staff should be allowed to use the toilets or changing facilities they feel most comfortable with.
Ministers pledged to act once the final guidance is published, but faced claims they were attempting to delay a politically contentious issue until after next year's Holyrood elections.
The submission added: 'Encouraging a situation where authority is given to question someone's biological sex and ask for proof thereof may lead to abuse if not done appropriately.
'At the same time this places an undue burden on individuals, requiring untrained staff or providers to make assumptions or judgments about whether a person appears to present as trans, which is potentially discriminatory and unfair.'
The submission called for an emphasis on 'inclusion as opposed to exclusion,' noting that examples provided in the planned code update mainly 'provide guidance on where and how transgender people can be excluded from services and associations'.
Trina Budge, a For Women Scotland director, said: 'This is a substandard response from the Scottish government, which fails to address the EHRC's specific questions, choosing instead to focus on areas raised by the transactivist groups it heavily funds.
'The government says it has accepted the Supreme Court's ruling and it may have done so far as keeping women's representation on public boards for biological women only, but it seems to be expecting the EHRC to tell it how to shoehorn men who say they are women into any other single-sex provision allowed under the Equality Act.
'We're not sure if the government is wilfully misunderstanding that this is not legally possible or if it intends to continue to defy the judgment of the Supreme Court. '
Tess White, the Scottish Conservative equalities spokeswoman, accused the SNP of putting 'women and girls in danger'.
She said: 'The SNP aren't just failing to implement the Supreme Court's verdict, they now appear to be criticising the EHRC.
'The judgment from the UK's highest court was crystal clear, yet the nationalists are still desperately stalling for time and trying to pass the buck. This doesn't just send the wrong message, it puts women and girls in danger.
'The Sandie Peggie case shows exactly what happens when organisations pander to gender extremists instead of standing up for women's rights.
'Scots won't be fooled by the SNP's blatant attempts to run down the clock. John Swinney must act now and order all public bodies to follow the law and provide single-sex spaces.'