Nicola Sturgeon: Supreme Court judgment on definition of woman “massively overinterpreted”

Nicola Sturgeon has expressed concerns that the Supreme Court ruling on the definition of a woman in the Equality Act has been “massively overinterpreted.” She reiterated her call for Keir Starmer’s government to amend the law if its consequences negatively affect trans people. According to ‘Scotsman’, the former Scottish first minister disclosed that, throughout her career, she has faced more “misogynistic abuse” regarding gender recognition than any other issue. Ms. Sturgeon affirmed her unwavering support as an “ally of the trans community.”

Speaking at the How the Light Gets In festival in Hay-on-Wye, Powys, Wales, on Saturday, Ms. Sturgeon highlighted that the Supreme Court’s decision the previous month simply clarified existing law. The court determined that the term “woman” in the Equality Act refers to biological women, although trans women can legally become women through the Gender Recognition Act.

Reflecting on her earlier statements at Holyrood, Ms. Sturgeon emphasised that it is the responsibility of politicians to “decide what the law should be or has to be.”

The Equality and Human Rights Commission (EHRC) has been criticised for its immediate response to the ruling, providing interim guidance that suggests trans individuals should not use toilets matching their lived gender, and, in some cases, not the toilets of their birth sex either.

Ms. Sturgeon referenced comments made last week by Baroness Hale of Richmond, the first female president of the Supreme Court, who indicated that the judgment had been “misinterpreted.” Lady Hale stated there was “nothing in that judgment that says that you can't have gender-neutral loos.”

Ms. Sturgeon remarked: “That judgment, I think, has been massively overinterpreted considering some of the immediate responses.”

She added, “If the judgment implies we must make living as a trans person nearly impossible, then the law must change, because that is not an acceptable situation.” Despite facing abuse due to her advocacy for the trans community, Ms. Sturgeon maintained she would “always” support the trans community “no matter how difficult that might be.”

Speaking at the festival, she commented: “While many argue this is about protecting women, it is ironic I've encountered more misogynistic abuse over this issue than any other in my entire political career.”

Her remarks, as reported by The Sunday Times, were criticised by Susan Smith of For Women Scotland, the group that won the Supreme Court appeal against the Scottish Government. Smith stated: “It would be ironic, though not surprising, if the first female first minister remained firm in the belief that biological sex is a vague concept.”

“Although misinterpretations of the Supreme Court ruling are plentiful, trans activists are responsible for the most extreme misrepresentations. Baroness Hale correctly noted that the ruling does not prohibit gender-neutral toilets, but any organization offering only these facilities should be cautious of potential discrimination against other protected traits, including sex. This could exclude, for example, Muslim or orthodox Jewish women, which we are sure Lady Hale would consider.”