A new study from a group called Women and Girls in Scotland found that lawmakers and regulators are ignoring the fact that Scotland’s “equality” legislation is supposed to protect the rights of individuals in single-sex spaces.
The results conflict with policies in the U.K. and the United States that allow men who identify as women to use facilities restricted to women.
The U.S. Supreme Court this week declined to review a case brought by high schools students against a school that allows access to showers and rest rooms according to gender identity.
The Christian Institute said the study shows the Scottish government “failed to carry out ‘any research, consultation or assessment’ on the impact of implementing pro-trans laws.”
Consequently, women and girls are at risk in prisons, schools and places of refuge, the report says.
The institute said the report “suggests government guidance on supporting transgender pupils may be breaching as many as eleven [United Nations] articles.”
“It also says that because health boards carry no record of transgender staff, they cannot ensure that women are seen by another woman when intimate healthcare is being carried out.”
The study argues the gender-identity policies have prompted many lawsuits against health clubs, schools and other places of public accommodation.
For example, one health club chain has been sued multiple times for allowing biological men into the women’s shower rooms and failing to warn the women.
“Any approach that says that the human rights of women and girls to privacy, dignity and safety should not be met in order to allow another group to access their provisions is not, therefore, a human rights approach, and instead represents a kind of hierarchy, where the one group is prioritized over another,” the study says.
“Gender neutral/unisex spaces often meet the needs of trans people because they do not force trans people to share spaces meant solely for their natal sex. But gender neutral spaces do not meet the sex based needs of women and girls, because these are rooted in needing male-free provision, and not just for reasons of privacy, dignity and safety, but also for reasons of previous trauma and abuse,” the study said. “Again, not only is there no evidence that women and girls no longer need female only provision for these reasons, but the evidence shows that women and girls are far less safe in mixed sex spaces.
“Supporting trans rights and equality is all too often characterized as supporting that trans people should always be treated as the sex they identify as. But this is quite simply not a human right, and nor is this a right trans people have under the Equality Act 2010 … precisely because this would infringe the rights of others.”
In fact, the provision should be the opposite, the study finds.
“Single sex exceptions in the EA allow for trans people to be treated differently to the sex they identify as (including trans people who have legally changed their sex) when this is necessary to meet the needs and rights of other groups.”
The study said that’s widely recognized because pro-homosexual and transgender organizations such as Stonewall and the Scottish Trans Alliance have been campaigning to have those provisions removed.
The study shows the widespread belief it’s a “settled legal matter” that “trans people can access the single sex services that correspond with how they identify” is “incorrect.”
“But such misrepresentations persist, and often among those who hold positions where a failure to understand the EA can result in serious policy failure in relation to women and girls,” the study says.
Further, there “has been a deliberate attempt to create such a hostile climate for those who would use the EA exceptions to protect women and girls that they are rarely, if ever, used.”
The “self-identification” policies clearly are not the best practice, the study finds, because “there is already good evidence that such policies can adversely impact women and girls.”