UK Court: No Trans Women in Female Prisons

In April I wrote about a trans woman serving time for murder in a Scottish women's prison. The prisoner was then accused of sexually assaulting an actual woman inmate.
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A transgender prisoner serving a sentence for murder has been charged with the sexual assault of a fellow inmate at a women's prison.
Alexandra Stewart, previously known as Alan Baker, allegedly attacked the woman at HMP Greenock...
Stewart – thought to be one of two trans women in the female prison estate - was jailed for life after murdering Weir, 36, by stabbing him 16 times at his home in Bonhill, West Dunbartonshire.
After the UK Supreme Court ruled on the definition of "woman" last year, there shouldn't have been any trans women in a women's prison, but Scotland refused to abide by the ruling. A group called For Women Scotland sued.
Current SPS guidance allows for a transgender woman to be admitted into the female estate if the inmate does not meet the violence against women and girls criteria, and there is no basis "to suppose" they could pose an "unacceptable risk of harm" to those also housed there.
FWS is arguing the policy is "inconsistent" with the Supreme Court judgment.
Today, Scotland's highest civil court agreed with For Women Scotland.
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Scotland’s highest civil court has ruled that the SNP’s policy of allowing some biologically male trans prisoners to serve their sentences in female jails is unlawful...
Susan Smith, a director of FWS, said all the arguments made by SNP ministers were “comprehensively rejected” by the Court of Session in Edinburgh...
“We hope that, in future, the Scottish Government will start to listen to us rather than the lobby groups who drafted these policies and have so egregiously misled MSPs and MPs.
“We should never have needed to take this case and we hope this will be the last time that we are forced to go to law to defend the rights of women. Ultimately, this is a victory for the very vulnerable women in the prison estate.”
That's the real frustration over this decision. It shouldn't have been necessary at all. The Scottish government has been fighting this battle against common sense for years and even when the Supreme Court clarifies that "woman" refers to biological reality not to self-ID'd gender, they still refuse to adjust their rules.
For Women Scotland retweeted this video clip, pointing out that this particular battle with the Scottish government has been going on since at least 2023.
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This clip will never get old. Perfect to mark @theSNP's continued losing streak to unfounded women's right's campaigners @ForWomenScot 💪 https://t.co/HTIUWo3kqn
— Scottish Feminist Network (@Scot_Feminists) June 19, 2026
Meanwhile, here in the U.S., we're waiting on a decision from the Supreme Court in two cases involving trans women participating in sports. Those decisions should be issued in the next two weeks. But as the situation in Scotland demonstrates, winning a court case that should be the last word on the issue doesn't mean it will be the last word. You may in fact have to keep fighting for years in courts around the country until all of the die-hard progressives are forced to abide by the decision.
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