
The Church of Scotland has admitted it was wrong to describe the use of a female lavatory by a man as "lawful and appropriate". A mother raised the issue after her 11-year-old daughter encountered a man using the female toilets at a church-run community centre in Cupar, Fife. She was initially told by the church that shared access to the facilities with men from an LGBT club was "lawful and often appropriate" for "women-only spaces to include trans women".
However, officials later admitted that the response flouted the Supreme Court ruling in April that the legal definition of a woman is based on biological sex. The church said its position was informed by advice from "legal experts" including the activist group Stonewall and the Good Law Project.
Kelly, the mother of the 11-year-old, told The Times that she "froze" after spotting the man in the female toilet and raised the issue with the Martin, the church minister.
While he initially expressed support for her position, he later said it had been made clear to him that "a trans woman's use of the women's toilet aligns with her gender identity, and this is lawful and consistent with best practice".
Kelly said she had been "gobsmacked" to learn that "men's feelings are taking priority over young girls".
On Monday, the Church of Scotland rescinded the stance, however, and said it "supported the right" of women and girls to single-sex spaces.
A spokesperson also expressed "regret" that its initial advice was "not correct" and said trans men and women should be able to access gender-neutral spaces.
The Scottish Government has set up a "working group" to consider policy changes reflecting the Supreme Court ruling, but said it was waiting for further guidance from the Equality and Human Rights Commission (EHRC) before issuing new advice to public sector bodies.
Dr Lelsey Sawers, deputy chair and Scotland commissioner for the EHRC said the existing "climate of uncertainty and widespread misinformation services nobody".
"The law, as set out in the Supreme Court's clear judgement, has been in effect since it was handed down on April 16," she added.
"Service providers and public bodies should in any event be following the law while they wait for our statutory guidance, as it will not cover every eventuality."
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