Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

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.
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
United Nations Calls for Global Action Against Disinformation and Hate Speech Online
Tucker Carlson warns of an inevitable clash in Western societies over mass migration
OpenAI CEO Sam Altman praises the rapid progress of Chinese tech companies.
Poland's President Karol Nawrocki ENDS support for Ukrainian citizens:
Italy's PM Giorgia Meloni highlights record employment and economic growth
Chancellor Friedrich Merz Re-elected as CDU Leader, Opposes AfD Influence
Trump Directs Government to Release UFO and Alien Information
Trump Signs Global 10% Tariffs on Imports
UK Government Considers Law to Remove Prince Andrew from Royal Line of Succession
Two teens arrested in France for alleged terror plot.
US Supreme Court Voids Trump’s Emergency Tariff Plan, Reshaping Trade Power and Fiscal Risk
Greek Prime Minister Kyriakos Mitsotakis advocates for a ban on minors using social media.
Meanwhile in Time Square, NYC One of the most famous landmarks
Jensen Huang just told the story of how Elon Musk became NVIDIA’s very first customer for their powerful AI supercomputer
Former British Prince Andrew Arrested on Suspicion of Misconduct in Public Office
Former President Yoon Suk Yeol Sentenced to Life in Prison for Abuse of Authority
Unitree Robotics founder Wang Xingxing showcases future robot deployment during Spring Festival Gala.
German Chancellor Friedrich Merz calls for real name use on social media.
Italian Police Arrest Man After Alleged Attempt to Abduct Toddler at Bergamo Supermarket, Child Hospitalised With Fractured Femur
British Tourist Arrested at Hong Kong Airport After Meltdown and Vandalism
European Commission Plans Purchase Incentives Limited to Vehicles Manufactured Largely in the EU
French District of Pas-de-Calais Introduces Immediate License Suspension for Drivers Using Mobile Phones
Volkswagen Targets €60 Billion in Cost Reductions as Sales Decline and Global Pressures Intensify
Eighty-Year-Old Lottery Winner Sentenced to 16.5 Years for Drug Trafficking
Rubio Calls for Sweeping U.N. Reform, Saying It Has Failed to End Wars in Gaza and Ukraine
10,000 Condoms Distributed at Winter Olympics 2026 Athlete Village Depleted Within 72 Hours
Poland's President Advocates for Evaluating Independent Nuclear Weapons Development
Mayor of Serdobsk in Russia’s Penza Region Resigns After Housing Certificates Granted to Migrant Family Trigger Public Outcry
China’s EV Makers Face Mandatory Return to Physical Buttons and Door Handles in Driver-Distraction Safety Overhaul
UK Green Party Considering Proposal to Legalize Heroin for an Inclusive Society
OpenAI and DeepCent Superintelligence Race: Artificial General Intelligence and AI Agents as a National Security Arms Race
We will protect them from the digital Wild West.’ Another country will ban social media for under-16s
Heineken announces cut of 6,000 jobs due to declining beer demand
Apple iPhone Lockdown Mode blocks FBI data access in journalist device seizure
Belgium: Man Charged with Rape After Faking Payment to Sex Worker
KPMG Urges Auditor to Relay AI Cost Savings
Canada Opens First Consulate in Greenland Amid Rising Geopolitical Tensions
China unveils plans for a 'Death Star' capable of launching missile strikes from space
Investigation Launched at Winter Olympics Over Ski Jumpers Injecting Hyaluronic Acid
U.S. State Department Issues Urgent Travel Warning for Citizens to Leave Iran Immediately
Wall Street Erases All Gains of 2026; Bitcoin Plummets 14% to $63,000
Eighty-one-year-old man in the United States fatally shoots Uber driver after scam threat
Political Censorship: French Prosecutors Raid Musk’s X Offices in Paris
AI Invented “Hot Springs” — Tourists Arrived and Were Shocked
France Begins Phasing Out Zoom and Microsoft Teams to Advance Digital Sovereignty
Tech Market Shifts and AI Investment Surge Drive Global Innovation and Layoffs
Global Shifts in War, Trade, Energy and Security Mark Major International Developments
Markets Jolt as AI Spending, US Policy Shifts, and Global Security Moves Drive New Volatility
Tesla Ends Model S and X Production and Sends $2 Billion to xAI as 2025 Revenue Declines
Starmer Signals UK Push for a More ‘Sophisticated’ Relationship With China in Talks With Xi
×