JOHN Swinney has insisted he does not “regret” supporting legislation that would have made transgender people’s lives easier, following the Supreme Court judgement.
The First Minister was probed on the recent ruling during a tense exchange on BBC Scotland where he was repeatedly asked if he believed a “trans woman was a woman”.
Yesterday, he said he “understands” the “hurt and anguish” trans people are feeling over the verdict.
The Supreme Court justices ruled that the terms “woman” and “sex” in the Equality Act 2010 “refer to a biological woman and biological sex”.
The implications for transgender people accessing single-sex spaces is still to be set out as public bodies seek to update their guidance.
One activist said that the ruling "undermines" vital rights afforded to transgender people.
The judgment sparked celebrations from those who describe themselves as gender critical feminists, such as For Women Scotland (FWS), the group who took the case to the UK’s highest court.
It also raised serious concerns about how it will impact transgender people across the UK.
Swinney told the broadcaster that the Supreme Court ruling on the definition of a woman should “not be perceived as a victory by one side or the other”.
He said there should be “reflection” following the judgement, which set out how the Equality Act 2010 and the Gender Recognition Act 2004 should be “interpreted”.
In 2023, the Court of Session ruled that the UK Government did have the powers to block Holyrood’s Gender Recognition Reform Bill from becoming law. The legislation would have allowed transgender people to self-identify as their acquired gender.
“The Scottish Government has got to consider the implications of the ruling that has been given by the Supreme Court,” he said.
“We will give a statement to Parliament on Wednesday to determine how to set out how the government will progress on these issues and to determine the steps that we take.
“But fundamentally, for me, it is important that we act to protect the rights of all within our society. That was what the Supreme Court ruling indicated, was the case, the trans community have established legal rights, and I want to make sure that those legal rights are protected and asserted.”
Asked if he supported the current process to allow a transgender person to change to their acquired gender by having a diagnosis of gender dysphoria and living as that gender for two years, to acquire a Gender Recognition Certificate, Swinney said: “Well, that's the current legal position, because it hasn't been changed by any of the legislation.”
He added: “I supported that legislation, and I was pleased to support that legislation.
“Because I wanted to make sure that the lives of trans people were made better.”
Asked if he regretted supporting the legislation, Swinney said: “No, but we've got to, we've now got to reflect on the situation that we find ourselves in as a consequence of the ruling which came from the Supreme Court on Wednesday.”
Earlier in the interview, Swinney pointed out that the Scottish Government had previously won challenges brought forward by FWS on the definition of a woman, in relation to gender balance on public boards.
After FWS won on appeal, the government changed guidance to only include transgender women with a GRC. Until the Supreme Court judgement, the courts had agreed with this definition.
“I think it's important to recognize that this issue has been considered extensively by courts, and on two occasions, Scottish courts supported the Scottish Government's interpretation,” he said.
