THREAD: Ahead of next week's judicial review of Section 35 Order issued in respect of the Gender Recognition Reform (Scotland) Bill, this thread provides some practical information for those who wish to follow the case.
The case starts on Tuesday 19 September, and is scheduled to last for 3 days. It will be held in the Outer House of the Court of Session, in front of a single judge (the Hon Lady Haldane).
It will be heard in person, but the Scottish Court Service has confirmed it will also be live-streamed. scotcourts.gov.uk/about-the-scot…
The papers submitted by the Scottish Government for the case are available here. The petition is the document the SG has lodged setting out its reasons for seeking a judicial review. The Note of Argument is intended to provide a summary of key points. gov.scot/publications/g…
The UK Government's response to the SG petition is available here. gov.uk/government/pub…
The House of Commons Library (which provides research services to MPs) has now updated its briefing note on the Section 35 Order. This gives further background on the issues involved. researchbriefings.files.parliament.uk/documents/CBP-…
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We have responded to the Scottish Government consultation on the draft SSI to add ‘Sex’ as a characteristic to the Hate Crime and Public Order (Scotland) Act 2021. A copy of our response is available here. murrayblackburnmackenzie.org/2025/10/12/mbm…
The EHRC is also supportive and highlights the current imbalance:
"Failure to include sex would mean that women and girls in particular would remain unprotected against hate crime on the basis of their sex, unlike other protected characteristic groups." equalityhumanrights.com/draft-ssi-add-…
Zero Tolerance does not support the proposal. They state that sex "is a reductive definition of a what a woman is". zerotolerance.org.uk/policy-work/He…
We are quoted in today’s @heraldscotland about the ongoing lack of clarity for Police Scotland officers in relation to its policies on recording and searching. heraldscotland.com/news/25222244.…
We and others have repeatedly drawn these matters to the attention of Police Scotland and the @ScotPolAuth. In relation to recording, we lodged a parliamentary petition on recording rape accurately over 4 years ago. It remains open. murrayblackburnmackenzie.org/criminal-justi…
@ScotPolAuth In September 2024 the Chief Constable categorically stated that rape and other sexual offences would be recorded on the basis of biological sex. A similar assurance on recording rape was given to the Scottish Parliament. murrayblackburnmackenzie.org/2024/09/24/pol…
Our analysis of a Home Office database for offenders under Multi-Agency Public Protection Arrangements (MAPPA) that has recording options for 51 different gender identities is covered in today’s @MailOnline. dailymail.co.uk/news/article-1…
It is a core principle of data collection that it should have a clear purpose. This is of particular importance in the public sector, where all data collection activity comes at a cost to the public purse
Our statement on this morning's ruling by the UK Supreme Court.
We welcome the unanimous ruling of the Supreme Court this morning that sex in the Equality Act is a lifelong, fixed biological characteristic./ murrayblackburnmackenzie.org/2025/04/16/sta…
The decision by the UK’s highest court provides definitive protection to women and girls, gives clarity to organisations, and clears up the confusion created by the Scottish Government in earlier rounds of this case.
This judgment further reinforces that the Equality Act does not, and never has, allowed for the self-identification of sex under the Act. Nonetheless, policies based on self-identification remain in place across the UK, in hospitals, police forces, schools and prisons.
We consider reports that the current UK Supreme Court case could have implications for the Gender Recognition Reform (Scotland) Bill, and set out why responsibility for the next move on the Bill would rest in the hands the Scottish Government.🧵murrayblackburnmackenzie.org/2025/04/14/uk-…
The Bill is currently paused, as the previous UK Government intervened to prevent it becoming law, based mainly (but not only) on concerns about its interaction with the Equality Act, using an Order under s35 of the Scotland Act. The SG lost its judicial review against this.
An FWS win would not mean that the UK govt was under any new duty under the Scotland Act to lift the Order or had new powers to do so. Leaving aside the Equality Act was not the only reason cited for making it, the Order remains in force until the relevant formal process occurs.
We have written to the Scottish Human Rights Commission (SHRC), asking that it reviews the Scottish Prison Service policy on transgender prisoners, fully taking into account the human rights of vulnerable female prisoners & female prison officers. murrayblackburnmackenzie.org/2025/04/04/how…
In 2022 the SHRC submitted evidence to the SPS review of its transgender policy. We believed this to be flawed & met with the Commission to discuss our concerns in June 2023. At that time, we were told the Commission was looking to withdraw its submission. murrayblackburnmackenzie.org/2023/10/24/mbm…