The Scottish Government has updated its guidance on toilets in schools, coming into compliance with a UK Supreme Court ruling earlier this 12 months that decreed that biological reality should be the premise of public services.
Boys and girls at Scottish schools should now use the bathroom put aside for his or her biological sex. The previous guidance stipulated that students “mustn’t be made to make use of the bathroom or changing room of their sex assigned at birth”.
The Supreme Court decision got here about attributable to a case brought by For Women Scotland, a bunch who argued that girls’s rights as set out in equality laws had no meaning if there was no clear definition of the terms “man” and “woman”.
The Supreme Court ruled that those terms were determined by biology and that while accommodation ought to be made for trans identifiers where possible, public policy and services should work on the idea that men are men and ladies are women.
While the brand new Scottish government guidance has been brought into compliance with the judgment, it has been criticised by The Christian Institute for its trans-affirming stance.
The Institute cited the Cass Review as evidence that encouraging or affirming a baby’s belief that they’re of a distinct sex is dangerous, particularly before the onset of puberty.
Marion Calder of For Women Scotland said her group would have a look at the brand new guidance to make sure “the Scottish Government has fully accepted the implications of the Supreme Court judgment”.
Earlier this 12 months a Scottish court issued a court order to varsities reminding them of the requirement to have an equal number of bathroom facilities for girls and boys. The order was the results of a judicial review instigated by parents at a college run by Scottish Borders Council. Their son’s school was only fitted with “gender-neutral” facilities.
The parents were represented by Rosie Walker of law firm Gilson Grey. She said: “The court order makes clear that the 1967 regulations apply to all state schools in Scotland. There is not any provision for gender-neutral toilets within the regulations. Any school not complying will probably be in breach of the regulations and will face a legal challenge from parents.”

