The Scottish government has confirmed it will not revive its controversial gender recognition reforms following last week’s landmark Supreme Court judgment, signalling a significant policy shift away from Nicola Sturgeon’s once-flagship equality agenda.
In a statement to Holyrood on Tuesday afternoon, Social Justice Secretary Shirley-Anne Somerville said the government “fully accepts” the court’s ruling and will now amend guidance to reflect the decision, which clarified that the legal definition of “woman” under the Equality Act 2010 does not include transgender women with Gender Recognition Certificates (GRCs).
The unanimous ruling, delivered by five judges, represented a major victory for campaign group For Women Scotland and gender-critical activists, who had argued that the Scottish government’s attempts to broaden the legal meaning of “woman” in public board appointments unlawfully redefined sex-based protections.
‘No Plans’ to Revive Gender Bill
Somerville confirmed the SNP-led government has “no plans” to bring back its shelved Gender Recognition Reform (GRR) Bill, which sought to simplify the process of obtaining a GRC by removing the requirement for a medical diagnosis. The bill passed Holyrood in late 2022 but was blocked by Westminster under a Section 35 order in January 2023 — the first time such powers had been used.
“We will not reintroduce the bill. We respect the court’s decision, and we are now focused on updating guidance accordingly,” Somerville told MSPs.
The shift in tone comes under new First Minister John Swinney, who has sought to calm internal tensions within the SNP and distance the administration from divisive social debates. Sources close to Swinney have indicated he is wary of reigniting an issue that has fractured the party and strained relations with coalition partners, the Scottish Greens.
Trans Community ‘Valued’ Despite U-turn
Despite backing away from legislative reform, Somerville stressed that trans and non-binary people remain “valued” and reassured them of the government’s ongoing support.
“I want to reassure our trans community that you are valued, and the Scottish government is fully committed to protecting everyone’s rights – and that includes your community.”
She said she had met with support groups last week who expressed “real anxiety” over the judgment and the political rhetoric surrounding it. While declining to provide a timeline, she promised the government would engage with the Equality and Human Rights Commission (EHRC) later this week to discuss new guidance for public bodies.
Labour Presses on Legal Costs and Public Services
Scottish Labour deputy leader Jackie Baillie seized the moment to criticise the SNP’s record of legal defeats, citing “at least 10” failed government actions in court, including the Supreme Court’s 2022 ruling against holding an independence referendum without Westminster’s consent.
Baillie demanded to know how much public money had been spent defending the legislation.
“The public deserve to know what it cost to pursue this flawed case,” she said.
Somerville did not provide an immediate figure but assured the chamber that the total would be disclosed.
Sector Guidance in Flux
The ruling has placed public and private sector organisations in uncertain territory regarding trans inclusion policies, particularly in single-sex spaces such as changing rooms and toilets.
One case drawing public attention involves a female NHS nurse challenging the presence of a transgender female doctor in her changing area. While not ruling directly on facility access, the judgment has sparked fears among trans advocates that legal protections may now be interpreted more narrowly.
Somerville acknowledged that “some services and facilities may have to be delivered in a different way in some aspects” but reiterated the principle that “everyone must have access.”
Greens Quiet, Reform UK Looms
Notably absent from Somerville’s remarks were the Scottish Greens, who had been staunch backers of the GRR Bill under the previous SNP-Green cooperation deal. Their silence since the ruling has been interpreted as a sign of deepening tension within the pro-independence alliance.
Meanwhile, Westminster Labour’s own hesitations on gender policy have surfaced. As reported by The Guardian earlier this year, Keir Starmer’s party has “quietly mothballed” its own pledge to simplify gender recognition in the face of rising support for Reform UK, which has made opposition to gender reform a key part of its pitch to disaffected voters.
A Divisive Era Closes
For supporters of Sturgeon’s social reformist vision, the government’s retreat represents the closing chapter of an era that sought to place Scotland at the forefront of global progressive policy. For critics, it is seen as a long-overdue course correction in line with public opinion and legal clarity.
In delivering the Supreme Court’s judgment last week, Lord Hodge made clear the ruling “should not be read as a triumph of one or more groups in our society at the expense of another.”
But as institutions across Scotland begin adjusting to the new legal reality, few doubt that the debate over sex, gender, and law in Scotland is far from over.
