A FIFE MSP has said NHS Fife must now concede the Sandie Peggie tribunal case after a landmark Supreme Court ruling on the definition of a woman.
The historic judgement was made today which said transgender women with a gender recognition certificate can be excluded from single-sex spaces if “proportionate”.
Lord Hodge stated that sex is binary and that transgender women should not be legally defined as women,.
Handing down the court’s judgment on whether sex-based protections should only apply to people who were born female, Lord Hodge said the terms “woman” and “sex” in the 2010 Equality Act referred to biological sex, not acquired gender.
READ MORE: Health board seeks to restrict online viewing of tribunal involving trans doctor
Conservative politician Murdo Fraser said the ruling meant the health board "don't have a leg to stand on" in the ongoing case.
The high-profile employment tribunal was brought against NHS Fife by nurse Sandie Peggie – who was suspended after she complained about having to share a changing room with transgender medic Dr Beth Upton at the hospital where they both worked.
“NHS Fife must now concede the Sandie Peggie case following this landmark court ruling. They basically don’t have a leg to stand on now," said Mr Fraser.
"The judgement from the Supreme Court is a comprehensive, detailed and authoritative unanimous judgement from the country’s highest court which settles the law on the definition of a ‘woman.’
"It’s a devastating defeat for the SNP Government and their surrender to the trans activists. I’m sure many residents will want to know the cost of this legal case to taxpayers.
READ MORE: Transgender doctor ‘continued to use female changing rooms after row - tribunal
“It is now abundantly clear that any public body not respecting women’s spaces to biological females is acting unlawfully. How can NHS Fife possibly continue to waste public funds defending the Sandie Peggie case when their defeat is inevitable?
“Huge credit is due to the feisty women who pursued this case so vigorously – For Women Scotland – who were backed by lesbian groups, Alliance LGB and others, crowdfunding to taken on the taxpayer-funded Scottish Government. It is a stunning vindication of their stance.”
Following the ruling, a spokesperson for NHS Fife said: "NHS Fife notes the clarity provided by today’s Supreme Court ruling regarding the legal definition of a woman.
"We will now take time to carefully consider the judgement and its implications."
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