Hepburn insisted the government was not “afraid of being held to account by the chamber” but said there was already a “busy” parliamentary schedule.
He also said there was an “inherent danger” of breaking “sub judice” rules, which prevent MSPs from speaking about active legal proceedings without the permission of the presiding officer.
“That would not be fair to any party taking part” in the employment tribunal, Hepburn said.
Conservative MSP Murdo Fraser pointed out that the NHS Fife tribunal was not a criminal case, where a jury could be swayed by comments in parliament. He said a ministerial statement would pose no “risk of prejudice”.
Hepburn called Fraser’s point “nonsense”, saying that sub judice rules also applied to civil cases. “It’s a live case,” he told MSPs. “And we need to be careful what we say.”
He added that the amendment was tabled “beyond the 11th hour”. “It’s not good enough to come to ask ministers to make a statement the same day,” Hepburn said.
A Scottish government spokesperson later said ministers expect “all relevant organisations to comply with the requirements of the Equality Act 2010”.
They added: “As employers, organisations may need to consider the impact of other legislation, such as the requirements of the law on health and safety in workplaces.
“The Scottish government supports the separate and single sex exceptions in the Equality Act 2010, which can allow for trans people to be excluded when this is a proportionate means of achieving a legitimate aim.”
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