Here are all the MSPs who have signed open letter over 'transphobic' Scottish Parliament toilet guidance
MSPs and Holyrood staff have objected to the interim guidance following the Supreme Court ruling.
Dozens of MSPs and Scottish parliament staff have signed a letter to Holyrood authorities raising “deep concern” at a controversial decision to ban transgender people from using the toilets of their lived gender, warning people could be subjected to “humiliation, harassment or worse”.
The Scottish Parliament’s Corporate Body set out interim guidance following the Supreme Court ruling that a woman in the UK Equality Act refers to a biological woman.
In response, the Equality and Human Rights Commission (EHRC) sent out interim guidance that has received widespread criticism, stating transgender people should not be allowed to use toilets of the gender they live as, and that in some cases they also cannot use toilets of their birth sex.
An email sent by Presiding Officer Alison Johnstone to all Parliament staff earlier this month stated that Holyrood “will provide male-only and female-only facilities as well as gender-neutral and accessible facilities”.
The memo added that “in practical terms” this would men that “in line with the Supreme Court judgment, all facilities designated as male or female to be interpreted as meaning biological sex”.
READ MORE: Trans women to be banned from Scottish Parliament's female toilets after Supreme Court ruling
Ms Johnstone said the controversial changes were being made “not only to ensure we fulfil our legal responsibilities, but to give clarity to all those using the building”. She said the “clarity” would ensure those working at Holyrood would feel “confidence, privacy and dignity when using our facilities”.
READ MORE: Nicola Sturgeon: Supreme Court judgment on definition of woman 'massively overinterpreted'
But an open letter, based on legal advice obtained by the Good Law Project, argues the interim advice “misinterprets the judgment” of the Supreme Court. The Good Law Project has branded the guidance “transphobic”.
Former Supreme Court judge, Lord Sumption, has warned that in the ruling, judges “did not take a side and not provide an obligation to create single sex spaces”, adding “you are allowed to exclude trans women from these facilities, but you are not obliged to”.
In the letter, the MSPs and staffers have expressed their “deep concern and profound disappointment” at the interim reaction by Holyrood authorities.
It points to the decision to demand access to toilets based on biological sex, arguing “the application and of this is not only deeply invasive”, but also “raises immediate questions about enforcement”.
The letter asks “on what basis are staff expected to prove their sex to use a toilet”, as well as “what steps have you, as an organisation, taken to prepare for a situation where individuals may be challenged, questioned or policed while trying to access basic facilities?”.
The document adds: “Your approach signals to trans people that they are not trusted to navigate these questions themselves. It risks exposing them, and anyone who may be gender non-conforming, to humiliation, harassment or worse - all under the guise of ‘clarity’.”
The Scottish Parliament stressed an interim stance had been taken and further practical changes may be needed.
Here is the full list of MSPs and staff that have signed the letter so far.
MSPs
Keith Brown (SNP)
Joe Fitzpatrick (SNP)
Emma Roddick (SNP)
Elena Whitham (SNP)
Evelyn Tweed (SNP)
Collette Stevenson (SNP)
Alex Cole-Hamilton (Lib Dem)
Jamie Greene (Lib Dem)
Lorna Slater (Green)
Patrick Harvie (Green)
Gillian Mackay (Green)
Ross Greer (Green)
Ariane Burgess (Green)
Mark Ruskell (Green)
Maggie Chapman (Green)
Monica Lennon (Labour)
Mercedes Villalba (Labour)
Staff
Lorna Finn (SNP)
Lauren Toner (SNP)
Alex Kerr (SNP)
Nikita Bassi (SNP)
Declan Blench(SNP)
Kimberley Blythe (SNP)
Christina Cannon (SNP)
Paul Leinster (SNP)
Alasdair MacDougall (SNP)
Bryony Lovatt (SNP)
Kim Long (Green)
Cameron Glasgow (Green)
Niamh Roberts (Green)
Jenny Smith (Green)
Tanya Jones (Green)
Kayleigh O’Neill (Green)
Paul Daly (Green)
Em Calam (Green)
Gordon Crawford (Green)
Vhairi Tollan (Green)
Blair Anderson (Green)
Jen Scotney (Green)
Lorna Gledhill (Green)
Lauren Dick (Green)
Dylan Hamilton (Green)
Holly Bruce (Green)
Iona Brown (Green)
Ryan Blackadder (Green)
Caitlin Burgess (Green)
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