Scottish feminist campaigners lose appeal over the definition of 'woman' after ... trends now
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A campaign group of Scottish feminists has lost its appeal over the legal definition of the word 'woman'.
For Women Scotland had contested whether transgender women with a gender recognition certificate (GRC) had the same legal rights as women under the Equality Act 2010 - which counts sex as a protected characteristic.
But in a written ruling, Lord Chief Justice Clerk Lady Dorrian reaffirmed that a person with a GRC 'in the female gender' is defined as a woman under the act.
Crucially however, the judgment also found that transgender people without a GRC are left with the legal status of their birth sex.
For Women Scotland had appealed to the Court of Session - Scotland's supreme civil court - after losing a Judicial Review last year over legislation introduced in 2018 to address gender imbalance on boards.
Supporters of For Women Scotland and the Scottish Feminist Network pictured protesting outside the Scottish Parliament in December 2022, ahead of a vote on the Gender Recognition Reform Bill
Gender recognition reform has become a fierce political debate in Scotland. (Pictured: A For Women Scotland protester in December last year)
For Women Scotland had appealed to the Court of Session - Scotland's supreme civil court - after losing a Judicial Review last year
Scottish ministers had insisted transgender women with a GRC would be included under the new law, a stance opposed by the campaigners.
Responding to the latest ruling, For Women Scotland said: 'Naturally, we are hugely disappointed in [the] judgment, which has ruled that women’s protections under law may – in some cases – include men who have obtained a GRC.
'We are obviously still analysing the decision and will be speaking to our legal team in due course to consider the possibility of a further challenge.'
