16/04/2025
The Scottish Government accepts today's Supreme Court judgment.
The Supreme Court rightly counselled against reading this judgment as a triumph of one or more groups in our society at the expense of another. It is not.
The ruling gives clarity between two pieces of relevant legislation passed at Westminster. We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions.
The Scottish Government acted in good faith in our interpretation of both the Gender Recognition Act 2004 and the Equality Act 2010; and our approach was guided by the published guidance of the Equality and Human Rights Commission (EHRC).
The Supreme Court judgment explicitly references that this stance was consistent with the advice given by the EHRC.
We will be engaging with the UK Government to understand the full implication of this ruling; particularly in relation to Equalities law; which remains largely reserved.
And we will engage with the EHRC as a matter of urgency on the need to review their guidance considering this judgment.
Finally, we want to reassure everyone that the Scottish Government is fully committed to protecting everyone’s rights, to ensure that Scotland remains an inclusive country.
