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Trans Prisoners to Be Moved to Jails According to Their Biological Sex After Court Ruling
The Scottish Prison Service is implementing transfers after ministers accepted a ruling that the policy was unlawful, affecting transgender inmates and women prisoners.
On Tuesday, the Scottish Government confirmed it will not appeal Judge Lady Ross's ruling that prison guidance allowing trans inmates to be housed by acquired gender is "unlawful," with transfers to facilities matching biological sex underway.
The campaign group For Women Scotland brought the legal challenge, arguing the policy conflicted with the Equality Act after winning a Supreme Court ruling in April 2025 clarifying that "woman" refers to a biological woman.
Lady Ross ruled last Friday that current guidance is "in conflict with the requirement that prison accommodation be provided separately for men and women," concluding it constitutes a "mis-statement of the law."
Justice Secretary Neil Gray confirmed the government is "implementing the law" to ensure safety within prisons, while For Women Scotland welcomed the outcome as a "comprehensive victory."
The Scottish Government faces substantial legal costs as For Women Scotland's liability exceeds £200,000, while Scottish Conservative equalities spokeswoman Meghan Gallacher called for changes to the SNP's "extreme gender self-ID policy.