MSP defends Supreme Court ‘bigotry’ comment after claim it puts judges at risk

A Scottish Green MSP has defended accusing the Supreme Court of “bigotry” over its ruling on the legal definition of a woman after being warned her comment puts judges at risk.

The UK’s highest court ruled last Wednesday the terms “woman” and “sex” in the Equality Act 2010 “refer to a biological woman and biological sex” when upholding an appeal from women’s rights campaign group For Women Scotland against the Scottish Government.

Green MSP Maggie Chapman, the deputy convener of the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee, told a transgender rights demonstration in Aberdeen at the weekend: “We say not in our name to the bigotry, prejudice and hatred that we see coming from the Supreme Court.”

Her comments led to a rare intervention from the Dean of the Faculty of Advocates, Roddy Dunlop KC.

He wrote to Ms Chapman and committee convener Karen Adam, stating: “These are appalling comments to come from any elected politician.

“They are all the worse when they come from someone who holds the post of deputy convener of the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee.”

His letter continued: “It really should not require to be said, but the Supreme Court – indeed, all judges – are in post to apply the law.

“They do not take sides. They decide without fear or favour, consistently with the judicial oath.

“For Ms Chapman to claim that they were swayed by ‘bigotry, prejudice and hatred’ is outrageous.”

He accused Ms Chapman of failing to respect the rule of law and to uphold the independence of the judiciary.

Mr Dunlop said her comments “create a risk of danger to the members of the court themselves” and said this is “irresponsible and reprehensible”.

He called for an apology and said Ms Chapman’s comments are incompatible with continuing to serve on the committee.

Questioned on the issue by journalists at Holyrood, Ms Chapman said she stands by her comments.

She said: “I do. I think what’s very, very clear is that in its deliberations leading up to the ruling last week, the Supreme Court didn’t speak to a single trans person.

“We have in our justice system, in our court system, the sort of foundational belief that when considering an issue like this, people should hear both sides.

“People should hear the different sides of a debate, of a controversy, of a story.

“The Supreme Court did not do that.”

She added: “I will of course read and consider the Faculty’s letter but the Supreme Court’s ruling is already having a real world impact on the lives of trans people and their loved ones.

“It is already being used as a launchpad for a new and aggressive wave of attacks on trans people and their right to live freely as who they are.

“Many are scared that they are going to lose rights and access to services that they have had for decades. MSPs are elected to represent people.

“I am not going to stop representing the views of my trans constituents or standing up for their rights.”

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