A senior SNP backbencher, Michelle Thomson, has publicly stated she feels ashamed about the Scottish Government’s slow response to a key Supreme Court ruling on biological sex. Five months after the landmark decision, which clarified that sex in equality laws means biological sex, the government has yet to issue full guidance, sparking criticism from within the party and women’s rights groups.
Background on the Supreme Court Ruling
The Supreme Court ruled in April 2025 that the term “sex” in the Equality Act refers to biological sex, not gender identity. This decision came after a legal challenge by For Women Scotland, a group fighting for single-sex spaces.
Women’s rights advocates hailed the ruling as a major win. It requires public bodies in Scotland to protect spaces like toilets, changing rooms, and rape crisis centers based on biological sex. However, the Scottish Government has not updated its policies or guidance, leading to ongoing confusion.
Critics argue this delay puts vulnerable groups at risk. For instance, schools and hospitals still follow old rules that allow self-identification, which the ruling effectively overrules.
The ruling stemmed from a case where For Women Scotland challenged the Scottish Government’s interpretation of equality laws. Judges sided with the group, stating that transgender women without a gender recognition certificate do not count as women under the act for certain protections.
Michelle Thomson’s Strong Criticism
Michelle Thomson, an SNP MSP, broke ranks to express her frustration. In a recent statement, she said she was ashamed of the government’s failure to act on the ruling.
Thomson highlighted the need for clear rules on single-sex spaces. She pointed out that without new guidance, public services remain in limbo, potentially breaking the law.
Her comments came amid growing pressure from party members and the public. Thomson, known for her work on women’s issues, urged ministers to prioritize implementation.
This is not the first time Thomson has spoken out. She has previously supported women’s rights in gender debates, making her voice influential within the SNP.
Other SNP members have echoed her concerns. Some backbenchers worry the delay damages the party’s reputation ahead of the 2026 Holyrood elections.
Government Response and Delays
The Scottish Government, led by First Minister John Swinney, has held meetings and consultations but stopped short of issuing firm guidance. Officials say they are reviewing the ruling’s impact on various sectors.
Critics, including women’s rights groups, accuse the government of dragging its feet. For Women Scotland plans a protest outside Holyrood, claiming the SNP is backsliding on protections.
Here are key sectors affected by the delay:
- Education: Schools lack updated rules on toilets and changing rooms, leaving teachers without clear direction.
- Healthcare: Hospitals and clinics continue old policies, raising safety concerns for female patients.
- Public services: Rape crisis centers face pressure to justify single-sex spaces, despite the ruling.
The government has asked the Equality and Human Rights Commission to revise its trans guidance. However, no timeline exists for full implementation.
Recent reports show the delay could lead to legal action. Taxpayers might foot the bill for court fights if public bodies get sued for non-compliance.
Broader Impact on Scottish Politics
This issue ties into larger debates on gender ideology in Scotland. The SNP’s past push for gender self-ID laws, blocked by the UK government in 2023, set the stage for this ruling.
Nicola Sturgeon, former first minister, championed those reforms, but they faced backlash. The current delay revives old tensions within the party.
Opposition parties, like the Scottish Conservatives, have seized on the issue. They demand urgent action to comply with the law and protect women’s rights.
Public opinion polls from 2025 show growing support for biological sex-based protections. A recent survey found 65 percent of Scots want single-sex spaces preserved.
The controversy also links to UK-wide events, such as the Cass Review on youth gender services, which recommended caution in 2024. Scotland’s government has been slow to adopt those findings too.
Potential Next Steps and Challenges
Experts predict more legal challenges if the delay continues. Women’s groups warn of court cases against schools and health boards.
The Scottish Government could issue interim guidance to avoid lawsuits. However, internal divisions may slow progress.
Here is a timeline of key events:
| Date | Event |
|---|---|
| April 2025 | Supreme Court rules sex means biological sex in Equality Act. |
| June 2025 | MSPs call for immediate implementation; government starts consultations. |
| July 2025 | Reports emerge of plans to delay full changes until after 2026 elections. |
| September 2025 | Michelle Thomson expresses shame over lack of action. |
This table shows how the issue has dragged on without resolution.
Looking ahead, the 2026 elections could force change. Voters concerned about women’s rights may punish the SNP if the government fails to act.
Why This Matters Now
The delay affects daily life for many Scots. Women and girls report feeling unsafe in shared spaces, while transgender people seek clarity on their rights.
Logical reasoning suggests the government fears alienating parts of its base. Yet, ignoring the ruling risks broader backlash.
Related events, like the UK government’s 2025 ban on puberty blockers for minors, highlight shifting views on gender issues. Scotland must align with these changes to avoid isolation.
In summary, this ongoing saga tests the SNP’s commitment to equality. As pressure builds, swift action could restore trust.
What do you think about the Scottish Government’s handling of this ruling? Share your views in the comments and pass this article to others interested in Scottish politics.
