A judge has ruled that prison guidance which allows some transgender prisoners to be held in jails matching their gender identity, rather than their sex at birth, is unlawful.
Judge Lady Ross said sex segregation in prisons must be based on biological sex, based on a Supreme Court ruling on the definition of a woman in equality law in April last year.
Campaign group For Women Scotland challenged the Scottish government guidance through a judicial review, saying only those born biologically female should be held in the women’s estate.
Lawyers for the government had argued this would breach transgender prisoners’ human rights. The first minister said they will take time to consider the judgement.
Lady Ross said the guidance was “in conflict with the requirement that prison accommodation be provided separately for men and women” and constituted “a mis-statement of the law”.
She said: “In all the circumstances, the prisons guidance is unlawful.”
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