Ms Peggie, a nurse, objected to sharing a female changing room with a transgender doctor Dr Beth Upton, and on Monday won a claim for harassment in her employment tribunal case against NHS Fife, but other allegations of discrimination were dismissed.
In a written ruling the tribunal said there was “very far from sufficient reliable evidence” that a transwoman who is “legally and biologically male” is a “greater risk” to a biological woman “within a changing room environment at a workplace than another woman assigned female at birth”.
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The judge and panel decided that a Supreme Court ruling earlier this year on the Equality Act “did not result in it being inherently unlawful for a transfemale, who is biologically male under the Act, to be given permission to use a female changing room at work, but also that having the protected characteristic of gender reassignment did not mean that permission to use the changing room was necessarily lawful.”
It also suggested that rather than a blanket ban on trans women in female spaces, permitting access would become unlawful only if a woman complained.
The Scottish Parliament made changes to its toilet facilities in the wake of the Supreme Court judgment. It designated that all male and female toilets at the site will be single-sex after the court ruled that guidance in overarching equalities law refers to biological sex.
Three toilets in the public area of the building were designated as “gender-neutral” to allow for use by anyone.
Noting the Sandie Peggie tribunal decision, Mr Harvie called for Holyrood to reverse its ban on trans people using toilets in their acquired gender, in a that was brought in earlier this year.
“Dr Upton should never have been put through such a grotesque media circus for simply doing her job,” he told The Herald.
“The intrusion and abuse that she has endured for being a trans woman at work has been totally wrong. It is the outcome of a vile culture war fought by anti-LGBT activists and cynical politicians who are trying to stoke division.”
He added: “The ruling underlines how incoherent and stigmatising bathroom bans are and the pointless harm they do. The Supreme Court verdict has raised far more questions than answers, while the bigoted and authoritarian guidance from the Equality and Human Rights Commission has taken us backwards.
“Trans people just want to be able to live their lives like anybody else, without the fear of prejudice, discrimination or violence. But in the current environment many LGBT people and their families are feeling a great deal of anxiety and fear.
“Our Parliament has a crucial role to play in setting best and inclusive practice and ensuring a safe environment for everyone.
“Parliament’s corporate body must acknowledge that the law clearly does not require them to impose a policy of segregation, and they should urgently reverse this harsh and totally unnecessary decision.”
Mr Harvie made his call to The Herald and also raised the same demand in the Holyrood chamber during an urgent question on the Sandie Peggie ruling.
Speaking in the chamber health secretary Neil Gray said that the government noted the judgment “on this very complex case.”
“Individual decisions by the board in relation to employment matters are a matter for the board,” he said.
“But as a government, we will be considering the judgment very carefully for any issues that require wider consideration.
“This government has and will continue to call for a respectful, compassionate debate on gender issues, recognising the need for respect and dignity for all involved.
“These matters need to be carefully considered openly and thoughtfully and respectful debate among people with differing opinions should always be possible. This is the only way we will make progress.
“My focus is to ensure that NHS Fife, alongside other boards, provides an effective health service to the populations they serve across Scotland.”
Scottish Conservative MSP Tess White: “NHS Fife was found to have harassed the nurse of 30 years just for standing up to her right to privacy and dignity.
“Her sex-based rights under the Equality Act 2010 were not protected. Too many female nurses are operating in a climate of fear in a two-class system.
“NHS boards are allowing trans activists to push their illegal and harmful self-ID agenda and fuel a toxic and harmful culture.
“The cabinet secretary talks about differing opinions, but what about nurses who are being told to be nice when nice means subjugating their right to privacy, dignity and safety.
“Activism has no place in hospitals where the number one priority should be safeguarding.”
She asked what Mr Gray would do to “protect women” in hospitals while eradicating the “climate of fear, harassment and bullying”.
Mr Gray said he had been “very clear” that there should be “dignity and respect” for everyone in the health service.
Scottish Labour deputy leader Jackie Baillie said NHS Fife and the Scottish Government had “significant questions to answer”.
She said it was unacceptable that women had to “complain” to employers before the law on single-sex spaces is obeyed.
A Scottish Parliament spokesman said: “The SPCB has committed to keeping its interim position under consideration as part of the Inclusive Parliament Review and will consider the impact of any legal rulings and the new statutory code of practice when it comes into force.”
