Trans woman prisoners in Scotland to be removed from female jails
Trans women inmates in Scotland will be removed from female prisons (Getty Images)
Transgender prisoners in Scotland are to be moved out of female jails from today after the Scottish Government confirmed it will not appeal a court ruling against the policy.
Last week, Judge Lady Ross ruled that prison guidance allowing some trans prisoners to be held in jails matching their gender identity, rather than their sex at birth, was unlawful. She said sex segregation in prisons must be based on biological sex.
The challenge was brought by campaign group For Women Scotland, which argued only those born biologically female should be held in the women’s estate.
For Women Scotland’s Susan Smith welcomed the “comprehensive victory.” “This has been a long fight, and one which should never have been needed,” she said.
Lady Ross said trans prisoners retain human rights, but this did not give them an automatic right to be housed in a prison for the opposite biological sex.
The Scottish Government said it would not appeal, and that the policy had already been withdrawn. The SPS said it would now house people according to their biological sex, and safely transfer the small number affected.
The decision follows a Supreme Court ruling last year, also won by For Women Scotland, which found that the words “woman” and “sex” in the 2010 Equality Act refer to biological sex, and do not include a trans woman with a gender recognition certificate.
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