Susan's Place Transgender Resources

Scottish judge rules trans women must be held in men's prisons

https://www.lgbtqnation.com/2026/06/scottish-judge-rules-trans-women-must-be-held-in-mens-prisons/

John Russell (24 June 2026)

Transgender women incarcerated in Scottish prisons must be housed in men's facilities, following a judge's ruling last week.

Judge Lady Ross's June 19 opinion came in response to a challenge brought by anti-trans group For Women Scotland (FWS) to the Scottish Prison Service's Policy for the Management of Transgender People in Custody Operational Guidance.

Prior to Ross's ruling, the Scottish Prison Service's guidance around housing transgender women was based on individual risk assessment, allowing some trans inmates to be housed in women's facilities, the BBC notes.

But in her opinion, Ross said the guidance was "in conflict with the requirement that prison accommodation be provided separately for men and women" and that it was unlawful in all circumstances. She also said she based her decision on the precedent set by the U.K. Supreme Court's 2025 ruling.

Following Ross's judgement, Scottish First Minister John Swinney initially told BBC Scotland that his government would "consider all of these details because there are complex issues that are involved."

"We will assess the implications the judgement has on carrying out policy in relation to the handling of prisoners," Swinney said. "The government will do that work and respond accordingly to the judgement that has been made."

But on Tuesday, the Scottish Government released a statement saying it would not appeal the decision. The Scottish Prison Service withdrew its policy on Monday, and work has already begun to transfer trans women to men's facilities, the statement said.

I can't wrap my head around how an individual risk assessment could be in conflict with the requirement that prison accommodation be provided separately for men and women... "transgender" is a broad term so a risk assessment would make perfect sense. A trans woman who has had full sex reassignment surgery presents a very different risk to a transgender woman in early transition phase. That's the whole point of an individual risk assessment. So according to that judge even when you done every conceivable surgery and hormone replacement schedule, you are no different to any other man. That is mind boggling.

Quote from: Jillian-TG on Today at 01:03:19 PMI can't wrap my head around how an individual risk assessment could be in conflict with the requirement that prison accommodation be provided separately for men and women... "transgender" is a broad term so a risk assessment would make perfect sense. A trans woman who has had full sex reassignment surgery presents a very different risk to a transgender woman in early transition phase. That's the whole point of an individual risk assessment. So according to that judge even when you done every conceivable surgery and hormone replacement schedule, you are no different to any other man. That is mind boggling.

Its simple. None of this is about evidence or statistics. It's a cruel transphobic vendetta that unfortunately has gained traction. Some people are optimistic, but i don't see this stopping now. The majority population couldn't care less or don't know the actual extent of the effect on trans people. The media is highly complicit in pushing this attack on trans rights forwards along with rich and religious donors.

What chance have we got as less than 1% of the population?

The best thing for 21st century legal decisions is.... being hopelessly trapped in the 1600s.

Not her first rodeo:

23 Apr 2025 Lady Ross KC issued a court order confirming that Scottish state schools are legally required to provide separate, single-sex toilet facilities for boys and girls based on biological sex.

Well it looks like it is going to get worse before it gets better. There is a vendetta from the right to persecute trans people and the media and therefore the polictians (who are always chasing popularity) have decided that we are an easy target. Until someone manages to repeal the EHRC ruling which sparked all this nonesense the more unsuccessful challenges there are the more rulings reinforce the presedence.

What makes me bitterly upset is the face that a lot of these challenges are coming from cis women. We have never been a threat to them, we understand how dificult life can be for women, we experience the same sexism, missogny, harrassment etc. We should be on the same side. I have never seen a single story about a transwoman assaulting or abusing a cis woman. I simply do not understand where all this hate is coming from.

With regard to this current ruling there is no way putting transwoman into male prisons can be done safely without segregation of the prison poulation or isolation of the individual trans prisoners. Prisons are not set up for this. This will all end badly.

To further highlight their hypocrisy:

They assume that trans women are just gay men in women's clothes, and they also believe that transgender people are sexual predators. If that were true, you would not be punishing them by sending them to a men's prison.

Judge: "I am sentencing you to five years in a men's prison."

Me: "Oh, thank God. Could you give me ten years, please? I'll need more time to establish some long-term relationships."

SMH. 💩