PanaTimes

Sunday, Mar 26, 2023

Scotland Judge: transgender women can legally be defined as women when it comes to legislation to ensure gender balance on public boards

Scotland Judge: transgender women can legally be defined as women when it comes to legislation to ensure gender balance on public boards

A JUDGE has ruled that transgender women with a Gender Recognition Certificate (GRC) can legally be defined as women when it comes to legislation that aims to ensure gender balance on public boards.
In her judgment on the second judicial review of the Gender Representation on Public Boards (Scotland) Act Lady Haldane said:

“The meaning of sex for the purposes of the 2010 Act, 'sex' is not limited to biological or birth sex, but includes those in possession of a GRC obtained in accordance with the 2004 Act stating their acquired gender, and thus their sex."

Last year, campaign group For Women Scotland took the Scottish Government to court over its definition of “women” in the Gender Representation on Public Boards (Scotland) Act 2018.

The intention of the Act is to ensure that non-executive members on public boards are made up of at least 50% women.

Ministers had argued that people who were living as a woman or had gone through or intended to undertake the process of gender recognition could be defined as women within the legislation.

However, For Women Scotland argued that this did not accord to the separate definitions of women and transgender woman in the Equality Act 2010 and expressed fears about its wider implications for single-sex spaces.

The campaign group lost the initial judicial review of the bill in 2021 but were then successful upon appeal.

The Scottish Government then revised the legislation, which now states that the definition of “woman” is defined by the Equality Act 2010 and the Gender Recognition Act 2004.

The guidance states: “Where a full gender recognition certificate has been issued to a person that their acquired gender is female, the person’s sex is that of a woman, and where a full gender recognition certificate has been issued to a person that their acquired gender is male, the person’s sex becomes that of a man.”

In practice, this means that transgender women with a GRC would be considered women under the bill.

But For Women Scotland were not happy with the revision and called for a second judicial review, the results of which Lady Haldane revealed today.

Lady Haldane's judgment on Tuesday stated that while the Equality Act 2010 protects a person's rights based on their sex, the definition of "sex" is not entirely restricted to a person's biological birth sex. 

She concluded that the ability of a GRC to change someone's legal sex "does not offend against, or give rise to any conflict with, legislation where it is clear that 'sex' means biological sex."

Scottish Trans, the trans equality project of the the Equality Network, said the ruling upheld the existing rights of transgender people in Scotland. 

Vic Valentine, Manager of Scottish Trans, said: “We welcome this ruling, which confirms the position as we and many others have understood it to be for well over a decade, and upholds trans people’s existing rights.

"A trans person who receives a GRC might be discriminated against because of their recognised sex, and they would be protected from that discrimination by the Equality Act.

“It is important to add that this ruling does not affect the exceptions in the Equality Act which mean that single-sex services can exclude trans people or treat them less favourably where it is a proportionate means to a legitimate aim, although services are not required to do so.

"They can do that whether or not the trans person has a GRC. In short, the ruling confirms the status quo and the rights of women and trans people under it.”

The Scottish Government has also reacted to the news. A spokesperson said: "We are pleased to note the outcome of this challenge.”

However, For Women Scotland expressed disappointment at the ruling in a statement. 

They said: “At first reading this seems disastrous for women who are seemingly now no longer recognised in law as a sex-class, with distinct requirements of our own.

“We are obviously still analysing the decision and will consider if any further legal action is appropriate in due course.

“There are clear ramifications for the Gender Recognition Reform Bill currently before Parliament and we hope some time will be allowed for MSPs to digest the ruling and its consequences.

“It is now beyond doubt that the Bill is not a simple administration change but does have a wider impact on society."

In court last month For Women Scotland's lawyer, Aidan O’Neill KC, argued that allowing transgender people to change their legal sex with regards to the Equality Act would “run a coach and horses through the preservation of safe spaces for women and single-sex provision for women under the Equality Act".

During debates in the Scottish Parliament regarding the reform of gender recognition in Scotland – which is set to be voted on by MSPs on next week – the Scottish Government has repeatedly argued that making it easier for trans people to obtain a GRC will not impact the protections enshrined for women in the Equality Act 2010, including those regarding single-sex spaces.

But For Women Scotland stated that MSPs were voting on the gender reform legislation “blind” because it would come before the ruling on the judicial review, which was not expected to come until after MSPs had cast their final votes on the legislation on December 21.

Lady Haldane also made clear in her judgment that it referred only to the legislative competence of the Scottish Government in this specific case and should not be considered a ruling on the broader rights of transgender people.
Newsletter

Related Articles

PanaTimes
Close
0:00
0:00
Singapore’s Prime Minister says China and US need to stabilize relations because world can't afford a confict between the two superpowers
Gordon Moore, a co-founder of Intel Corporation, died at 94
Powell: Silicon Valley Bank was an 'outlier'
Bordeaux town hall set on fire in France pro democracy protest
Police violence in Paris
Donald Trump arrested – Twitter goes wild with doctored pictures
NYPD is setting up barricades outside Manhattan Criminal Court ahead of Trump arrest.
Credit Suisse's Scandalous History Resulted in an Obvious Collapse - It's time for regulators who fail to do their job to be held accountable and serve as an example by being behind bars.
Paris Rioting vs Macron anti democratic law
'Sexual Fantasy' Assignment At US School Outrages Parents
The US government has charged Chinese businessman Guo Wengui with leading a $1 billion fraud scheme that cheated thousands of followers out of their money.
Credit Suisse to borrow $54 billion from Swiss central bank
Russian Hackers Preparing New Cyber Assault Against Ukraine
"Will Fly Wherever International Law Allows": US Warns Russia After Drone Incident
If this was in Tehran, Moscow or Hong Kong
TRUMP: "Standing before you today, I am the only candidate who can make this promise: I will prevent World War III."
Drew Barrymore
China is calling out the US, UK, and Australia on their submarine pact, claiming they are going further down a dangerous road
A brief banking situation report
Lady bites police officer and gets instantly reaction
We are witnessing widespread bank fails and the president just gave a 5 min speech then walked off camera.
Donald Trump's asked by Tucker Carlson question on if the U.S. should support regime change in Russia?.
Silicon Valley Bank exec was Lehman Brothers CFO
Elon Musk Is Planning To Build A Town In Texas For His Employees
The Silicon Valley Bank’s collapse effect is spreading around the world, affecting startup companies across the globe
City officials in Berlin announced on Thursday that all swimmers at public pools will soon be allowed to swim topless
Fitness scam
Market Chaos as USDC Loses Peg to USD after $3.3 Billion Reserves Held by Silicon Valley Bank Closed.
Senator Tom Cotton: If the Mexican Government Won’t Stop Cartels from Killing Americans, Then U.S. Government Should
Banking regulators close SVB, the largest bank failure since the financial crisis
Silicon Valley Bank: Struggles Threaten Tech Startup Ecosystem"
Man’s penis amputated by mistake after he’s wrongly diagnosed with a tumour
In a major snub to Downing Street's Silicon Valley dreams, UK chip giant Arm has dealt a serious blow to the government's economic strategy by opting for a US listing
It's the question on everyone's lips: could a four-day workweek be the future of employment?
Is Gold the Ultimate Safe Haven Asset in Times of Uncertainty?
Spain officials quit over trains that were too wide for tunnels...
Corruption and Influence Buying Uncovered in International Mainstream Media: Investigation Reveals Growing Disinformation Mercenaries
Givenchy Store in New York Robbed of $50,000 in Merchandise
European MP Clare Daly condemns US attack on Nord Stream
Former U.S. President Carter will spend his remaining time at home and receive hospice care instead of medication
Tucker Carlson called Trump a 'demonic force'
Kamala Harris: "The United States has formally determined that Russia has committed crimes against humanity."
US Joins 15 NATO Nations in Largest Space Data Collection Initiative in History
White House: No ETs over the United States
U.S. Jet Shoots Down Flying Object Over Canada
Nord Stream terror attack: David Sacks breaks down Sy Hersh's story
Being a Tiktoker might be expensive…
Miracle: El Salvador Search and Rescue teams, with the support of Turkish teams, rescued a woman and a child from the rubble 150 hours after the earthquake
SpaceX, the private space exploration company, made a significant breakthrough in their mission to reach space.
China's top tech firms, including Alibaba, Tencent, Baidu, NetEase, and JD.com, are developing their own versions of Open AI's AI-powered chatbot, ChatGPT
×