Not only has the judge decided that "sex" in the Scottish Census can be read to include the concept of "lived sex"....
....he also concluded there is no "general legal rule that a person’s sex can only be considered to be that recorded on a birth certificate or GRC" /2
This would mean the word "sex" can have no consistent or reliable meaning each time it appears in past or future legislation.
Its meaning becomes context specific, ultimately needing the court to settle the meaning of "sex" every time. /3
The Scottish Court ruling only applies in Scotland, but will inevitably be referred to and used by others to diminish sex-based rights across the UK and beyond. We can't let that stand. We must appeal. /4
Our words become useless if they have no common meaning.
If we lose the word "sex" we cannot speak up for women's rights /5
If we lose the word "sex" from our laws we lose the rights our mothers and grandmothers fought for.
Sex matters in a sexist society, and so does the word "sex" /6
BREAKING NEWS:
Fair Play For Women has been granted permission for an urgent appeal of the first instance judgment on the @scotgov guidance accompanying the sex question in the Scottish Census.
The appeal will be heard at the Scottish court of Session on WEDNESDAY 23 FEBRUARY /1
@scotgov The initial verdict was disappointing but we remain optimistic we can win on appeal.
@ForwomenScot's win on appeal shows how important it can be to hold your nerve and see a case through to the end /2
On 19th January Fair Play For Women met with Shona Robison, the Scottish Minister overseeing the introduction of the Gender Recognition Reform bill /1
We focused on asking her questions about the cross-border implications of introducing a sex self-ID process in Scotland. The proposal is that anyone "ordinarily resident in Scotland" will be able to use the self-ID process to swap the sex on their birth certificate /2
She seemed surprised. Odd considering we've been raising this concern for over a year now.
There's no minimum period for being "ordinarily resident" and you don't have to stay after applying. The loophole is staring everyone in the face! /3
THREAD: There has been much outrage amongst transactivists this week in response to the @EHRC announcements about Scottish GRA reform and Conversion therapy. Plus shock that EHRC has met with stakeholders such as Fair Play For Women /1
Many are angry that women are now considered stakeholders in policies regarding sex and gender. They see this as evidence that EHRC is now "transphobic" /2
Many point the finger at the new @EHRCChair Kishwer Falkner and her appointment by W&E Minister Liz Truss @trussliz.
What they don't know is that we have, of course, been active stakeholders for many years now. /3
Last night, Scotland's live evening news programme covered the court hearing where we defended the meaning of sex in the Census. @AskNic was interviewed. Watch the full TV package here /1
@AskNic "what the Scottish Government is doing is muddling up sex and gender identity. It's unnecessary to do that and its also unlawful" /2
"The Scottish Government is trying to erase sex by muddling it up with gender identity and that really matters. While sexism still exists in society, sex matters. We need to be able to count it, to talk about it and to have policy based on it" /3
JUDICIAL REVIEW THREAD #scottishcesus#FairPlayForWomen
FPFW has been given permission by the court to live tweet as we watch proceedings of the judicial review of the guidance to accompany the ‘sex question’ in the 2022 Scottish census/1
Judge is The Hon Lord Sandison
Advocate for FPFW: Roddy Dunlop QC
Advocate for Scottish Ministers: Douglas Ross QC /2
THREAD: It's a big day for us tomorrow. We're taking Scottish Ministers to court over their unlawful definition of sex in the Scottish Census. The remote hearing starts a 10am. We'll be live tweeting proceedings /1 #scottishcensus#fairplayforwomen
The Census is important so needs to be done right. It only happens once a decade & costs Scottish taxpayers £140 million.
But it delivers the most comprehensive dataset there is, used by policy makers, public bodies & academics.