BREAKING NEWS: Scottish Census officials have been told by the Equality and Human Rights Commission that requiring transgender people to accurately record their sex in the Census does not breach their right to privacy /1
EHRC wrote to the head of NRS just days before we launched our Census legal challenge
"Where there is a requirement in statute, such as for the census, any potential interference with Article 8 [right to privacy] arising from collecting data on sex is likely to be justified” /2
Scottish Ministers pushed on regardless and will now have to defend their definition of sex in the Census in court on Wednesday /3
Scottish Trans Alliance has been given permission to act as a third-party intervener in support of the Scottish Government. They argue that requiring people to record their lawful sex "would breach trans people’s human rights to dignity and privacy.”
The EHRC disagrees /4
It should never have been necessary for this case to come to the Scottish Courts. The Scottish government paid a lobby group to lobby for the definition of sex in the census to be changed. The SG must now spend tax payers money to defend it in court /5
The government-funded lobby group then instructs a government-funded legal project to intervene in the court hearing to support the Scottish governments position /6
Meanwhile, it is left to ordinary women and public crowdfunding to hold the line on the law. We upheld the law in England and Wales last year. We will do the same in Scotland next week. /7 fairplayforwomen.com/ehrc-confirms-…
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"the likely significant and wide-ranging implications of the Government’s proposals for a legislative ban for criminal and civil justice, clinicians and therapists, families and religious organisations require careful and detailed consideration" /2
"The consultation document contains no clear definition of what will amount to “conversion therapy”, nor of the meaning of “transgender” – a term which has no clear legal meaning, is potentially wider than the concept of gender reassignment in current UK law" /3
BREAKING NEWS: EHRC comes out against reform of the Gender Recognition Act in Scotland. Will tell Scottish Government there is no case for legislative change.
"These concerns centre on the potential consequences for individuals and society of extending the ability to change legal sex from a small defined group, who have demonstrated their commitment and ability to live in their acquired gender, to a wider group" /2.
BREAKING NEWS: Fair Play For Women granted permission by Scottish Courts for Judicial Review of the Scottish Census. Full hearing in 2 weeks /1 fairplayforwomen.com/scottish-gover…
The unlawful Scottish guidance says people may self-identify when answering the sex question in the 2022 Scottish Census. The ONS was forced by the English court to remove similar guidance for the England and Wales Census in 2021 /2
What is meant by “sex” in the 1920 Census Act is a matter of statutory interpretation, and as such a question of law. There is no provision currently recognised in law that permits any form of self-identification to affect one’s legally registered sex. /3
THREAD: UK sports governing bodies are currently torn between two diametrically opposed positions on transgender inclusion /1 fairplayforwomen.com/testosterone-s…
In September 2021 the UK Sports Councils launched revised guidance on transgender inclusion in sport clearly stating that testosterone suppression doesn’t make it fair for males to play and compete with females. The route to full inclusion is Open and Female /2
But only a few weeks later, the IOC headed in the opposite direction suggesting there should be no presumption of performance advantage between the sexes and told sports to make their own rules /3
"WESC are once again recommending that any adult male should be free, on his say so alone, to change his birth certificate to say he had been born the female sex, and for it to be a criminal offence for officials to reveal that he had in fact been born the male sex" /2
"this second WESC inquiry hasn’t even grasped the basics on why sex self-ID presents problems for women and girls. The 2015 WESC inquiry didn’t bother to invite feminists to explain their concerns, this time they did invite us to speak, but they clearly didn’t listen" /3
"The appellant’s interest in being issued with an "X" passport is outweighed by considerations relating to the public interest put forward by the Secretary of State" /2
Fair Play For Women sought permission to intervene to represent the interests of women and girls. Permission was not granted but our submission made it clear this was not simply an admin matter. The outcome impacts others. /3