Supreme Court Judgement: Women Scotland LTD Vs Scottish Ministers - EIS Statement

The EIS’s overarching position is the principle that all young people have the right to learn, and teachers and lecturers have the right to work, in an educational environment that is free from discrimination, where the rights of all are equally upheld. 

Understanding, inclusion, and safety are all essential factors to ensure every colleague, pupil and student, including those who are transgender, can be visible in our educational establishments and our workplaces. The recent Supreme Court judgement does not negate the spirit and intent of the Equality Act which provides that the rights of all minoritised groups are equally protected – with no hierarchy of order. 

Though we do not yet know how the Supreme Court decision will impact existing practice within educational establishments, and await information regarding the Equality and Human Rights Commission’s advice to the Scottish Government in light of the judgment, the news of last week’s ruling will undoubtedly cause worry for many in our community, especially within a context of widespread misinformation and disinformation in relation to transgender people, who are not always visible in discussions, or able to safely contribute their perspectives. 

The EIS will continue to challenge any misinformation in respect of gender recognition and transgender people’s rights. 

We are clear that the risks to equality and safety emanate from what is a patriarchal society in which women and girls continue to experience gender inequality, discrimination and stereotyping, as do gender non-conforming people. Misogyny is at the root of this. Essential efforts to tackle sexism and misogyny should neither advertently nor inadvertently demonise minoritised groups or deny anyone’s rights, including those of transgender people. 

The EIS is aware that there might be some who would seek to misinterpret the Supreme Court’s decision to the detriment of trans people. We will be vigilant to this and continue to advocate strongly for, and stand in unequivocal support and solidarity with, transgender people in our schools, colleges, universities and unions, just as we will continue to press for further progress on gender equality for women and girls. The EIS believes that the rights of all such minoritised groups can be protected and upheld with sufficient political will.