Trans women prisoners in Scotland to be moved out of female jails

The Scottish National Parliament said it has carefully considered the issue, including risk of suicide | X/@ForWomenScot

New Delhi: Scottish transgender prisoners are being moved to jails according to their biological sex after a court held that Scotland’s prison service guidance permitting trans women to be accommodated in the female prison estate is unlawful.

The Scottish government has confirmed it would not appeal the ruling by Lady Ross from the Court of Session in Edinburgh.

“The Scottish Government frequently has to make difficult decisions which balance the different interests and rights of individuals, often in complex situations, and this was one such situation,” Scottish justice minister Neil Gray said Tuesday. He added that work is already underway to move trans prisoners.

The verdict on 19 June is based on a Supreme Court ruling on the definition of a woman in Equality Law, which it said is based on biological sex.

“In all the circumstances, the prisons guidance is unlawful,” Lady Ross said.

It is the latest in a global rollback of transgender persons’ rights. A week ago, US Vice President JD Vance said in a tweet that doctors and hospitals used “junk science” to justify selling gender transition procedures.

‘Difficult decisions’

According to Gray the Scottish National Parliament has carefully considered the issue, including a risk of suicide.

“The Scottish government frequently has to make difficult decisions which balance the different interests and rights of individuals, often in complex situations, and this was one such situation,” he said.

For Women Scotland (FWS) has welcomed the verdict, which marks a successful end to a long campaign to stop prison placements based on gender identity.

“The government must now reflect on the corrosive effect funded lobbyists have had on single-sex provision — including Scottish Trans, the Equality Network and Stonewall — as well as the DEI consultants who operate with no understanding of law,” said Susan Smith, a director at FWS.

The question of transgender prisoners made headlines in 2023 after rapist Isla Bryson—who transitioned while awaiting trial for rape charges—was held in a women’s jail, leading to widespread public outcry.