Gender-Critical Activists Sue SNP Ministers Over Trans Ruling Violation

Legal Challenges to Scottish Government Policies on Gender and Safety

Gender-critical campaigners are taking legal action against SNP ministers for not adhering to a Supreme Court ruling regarding the definition of a woman. The group, For Women Scotland, claims it has no choice but to pursue further legal steps after the Scottish Government failed to update its policies on access to female-only safe spaces.

The legal proceedings aim to challenge guidance issued by the Scottish Government that allows students to use lavatories and changing facilities based on their personal comfort. This policy also permits biological males to compete in school sports if they identify as female. Additionally, the campaign is targeting rules in Scottish prisons that allow male prisoners to be housed in women’s jails under certain conditions. A trans woman can be placed in a female jail if she has not harmed or threatened women and there is no evidence she poses an unacceptable risk.

For Women Scotland has applied to the Court of Session in Edinburgh to quash these policies, arguing that they contradict the UK Supreme Court's judgment from April 16, 2025. In that ruling, the court determined that trans women are not considered women under the Equality Act 2010, with the definition based on biological sex.

Some public bodies, including the Scottish Parliament and Police Scotland, have issued updated guidance prohibiting trans individuals from using single-sex toilets and changing rooms. John Swinney, the First Minister, advised the rest of the public sector to wait for guidance from the Equalities and Human Rights Commission (EHRC) before implementing changes. However, the EHRC has stated that the law is clear and effective immediately, urging the Scottish Government not to delay.

In June, For Women Scotland warned Joe Griffin, the SNP administration’s top civil servant, that it reserved the right to take further action if the government continued to ignore the law. The group recently reiterated that nothing has prompted the government to act, and the policies remain in place, negatively affecting vulnerable women and girls.

The group has given the Scottish Government 21 days to respond to the summons. If the policies are not withdrawn, they will proceed with formal legal action, asking the court to declare the school and prison guidelines unlawful and to suspend them temporarily.

A Scottish-government spokesman declined to comment on ongoing court proceedings.

Additional Legal Threats to the National Library of Scotland

The National Library of Scotland (NLS) has also been warned of potential legal action after removing a gender-critical book from a major exhibition celebrating its centenary. Sex Matters, a human rights charity, has written to the NLS, warning that it could face thousands of claims for excluding The Women Who Wouldn’t Wheesht from its Dear Library display.

Maya Forstater, the charity’s chief executive, argued that the decision constitutes unlawful discrimination and harassment under the Equality Act 2010, which protects gender-critical beliefs. The book, a collection of essays by feminists including JK Rowling, had been selected for the exhibition. However, Amina Shah, Scotland’s national librarian and NLS chief executive, removed the book after pressure from the library’s LGBT+ staff network, who labeled it “hate speech.”

The NLS confirmed that the book would still be available for reading in the library. A spokesperson said, “We will examine the contents of the letter and will respond in due course.”