By GEORGIA EDKINS, SCOTTISH ASSOCIATE EDITOR FOR DAILY MAIL AND THE MAIL ON SUNDAY
John Swinney's government is set to go to court AGAIN over the SNP's highly controversial gender self-ID policies, The Mail can reveal.
Feminist campaigners have instigated a secondary legal action in the wake of the Supreme Court verdict on sex and gender to effectively 'annul' the Scottish Government's trans prisons and schools guidance.
The policies allow male-born offenders to be housed with biological women, as well as trans children to take part in single-sex sports and use their preferred toilets.
The First Minister has insisted that he accepts April's Supreme Court ruling, which underlined the legal requirement for single-sex spaces.
But last night For Women Scotland said the Scottish Government has confirmed it would appear in court over the guidance - rather than buckle to demands to withdraw it.
For Women Scotland co-director Trina Budge said: 'The Supreme Court ruling should have been the final word on the matter but it seems the arrogance of the Scottish Government knows no bounds.
'How it thinks it can possibly continue to defend these policies as being lawful is simply beyond our comprehension.'
For Women Scotland's Susan Smith and Marion Calder celebrated the Supreme Court ruling.
John Swinney's government has been accused of arrogance for failing to withdraw guidance.
Lisa Mackenzie of policy group MurrayBlackburnMackenzie said: 'It beggars belief that the Scottish Government is so determined to house violent men in women's prisons and deny school children single-sex protections that it is prepared to flout the rule of law to do so.'
It is the latest twist in the Scottish Government's failed gender battle which has seen it repeatedly humiliated in court at enormous expense to the taxpayer.
In April the Supreme Court ruled its approach to gender was 'unworkable' and clarified that a woman was biologically female.
The landmark case, won by For Women Scotland, sent shockwaves across the public sector and prompted both Police Scotland and the Scottish Parliament to revise their guidance.
Yet for months, the Scottish Government has refused to implement the judgement in prisons and schools.
There remain 16 transgender inmates housed in women's prisons in Scotland, according to latest figures, including violent offenders. Paris Green, formerly Peter Laing, is serving a life sentence for murder and is held in a women's wing.
Meanwhile Alex Stewart, who changed gender after being jailed in 2013 for the murder of a father of two, has lived at HMP Greenock as a woman since 2016.
In schools, transgender pupils are allowed to use the loos they 'feel most comfortable with' and take part in single-sex sports lessons based on what gender they feel they are.
SNP Government inaction over the Supreme Court ruling forced FWS to launch a secondary action in August in an attempt to effectively 'annul' gender self-ID policies via the courts.
However ministers have so far missed legal deadlines to halt the action.
Now, lawyers for the Scottish Government have told FWS they will appear in court, rather than withdraw the guidance.
Ms Budge, who co-directs FWS alongside Susan Smith and Marion Calder, added: 'Since the Scottish Government failed to withdraw the schools and prisons guidance within the 21 days given, our Summons was called by the Court of Session on September 10. They now have seven days to lodge any defence.
'The Scottish Government has confirmed on Thursday that they will be making an appearance at court and we look forward to hearing how they can possibly justify promoting policies that allow boys into the girls changing room and house male murderers alongside women prisoners.
'It flies in the face of their public statement about accepting the Supreme Court judgment, which of course ruled that single-sex spaces should be provided on the basis of biological sex, and not how someone identifies. We think this is a shameful action by the Scottish Government and are totally flummoxed at what they think they're doing.'
A Scottish Government spokesman said: 'The Scottish Government has made clear it accepts the Supreme Court ruling and since April has been taking forward the detailed work that is necessary as a consequence of the ruling. That work is ongoing. It would be inappropriate to comment on live court proceedings.'