WOMEN’S campaigners have lost a legal battle over a Scottish Government bill to improve gender equality on public boards.
For Women Scotland (FWS) challenged the Gender Representation on Public Boards Act 2018 two years after it was introduced, arguing that the Scottish Government did not have the right to introduce it as equalities legislation is reserved to Westminster.
The group also argued that the Act had been used to bring in legal “self-identification of sex” by the back door and said the Scottish Government had redefined the definition of a woman in the legislation.
READ MORE: Equality campaigners challenge ‘hurtful and pointless’ legal case against Scottish Government
The law is supposed to improve gender equality within Scottish public bodies, by requiring 50 per cent of non-executive board members to be women.
Judge Lady Wise ruled today that the Act was within Holyrood’s remit, and that it was lawful to include transgender women within the 50% requirement. In her judgement, she concluded: “The Act was within the legislative competence of the Scottish Parliament and does not offend against the fundamental principle of equality of treatment.”
It comes after years of furious debate over the gender recognition act, which is still under consideration at Holyrood, and discussions around transgender women being included in activities and legislation aimed at women in general.
READ MORE: Senior SNP member blasts 'morally repugnant' use of gender reforms for political profile boost
Scottish Trans, the equality group which represents transgender people, had described the legal challenge as “pointless and hurtful” and said that if it had succeeded, and the Act was repealed, it would not only impact transgender women but all women in Scotland.
They have welcomed the decision of Lady Wise today.
In a statement, manager Vic Valentine, said: “We are delighted that Lady Wise has held that the Scottish Government were able to include trans women in this legislation aimed at increasing women’s representation on Scottish Public Boards.
“This is an important decision: clearly stating that this equal opportunities measure for women that explicitly includes trans women in line with how they live their lives did not breach the law.
“We know that trans women continue to have almost no visibility in public life: whether that is in boardrooms, Council Chambers or Parliaments.
“We hope that any trans woman who has felt unsure about applying for a position on a Scottish Public board due to this Judicial Review will be reassured by this decision.”
READ MORE: Legal challenge over the word ‘woman’ concludes at Court of Session
For Women Scotland said the ruling represented a “roll-back” of women’s protections.
A spokeswoman said: “In a terrible few weeks for women and women's rights, this is another roll-back of our protections.
“This should frighten everyone who truly cares about equality.”
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