A last ditch effort to stop Scots from being able to self-identify their gender on this year’s census, regardless of their legal status, has failed.
Campaign group Fair Play for Women lost its appeal against a decision made by Lord Sandison, who ruled transgender people can give a different answer from the sex on their birth certificate without the need for a gender recognition certificate (GRC).
The group had taken its case to three civil judges at the Court of Session in a final attempt to quash the decision, but on Thursday the Edinburgh-based court said guidance by the National Records of Scotland was lawful.
The feminist campaign group said it was “surprised and disappointed with the decision” and it would mean that the “census in Scotland in 2022 will not collect clear and reliable data on sex”.
“This is a setback in the fight to protect women and girls. But we have always known it will be a long haul,” a spokeswoman said.
“This is one skirmish in a long fight and we are not deterred. We know public opinion is with us.
“Our support is growing all the time. We are disappointed but not disheartened.”
Earlier this month Lord Sandison ruled the National Records of Scotland’s guidance that people can self-identify their gender, even if they do not have a GRC, is allowed.
He said an answer provided in “good faith and on reasonable grounds” would not be a false answer.
In his 32-page ruling he said there is “no general rule or principle of law that a question as to a person’s sex may only properly be answered by reference to the sex stated on that person’s birth certificate or GRC”.
Fair Play for Women has said that sex was biological and the law did not permit self-identification of sex.
The group brought the action after it was announced the sex question in the census would contain guidance saying: “If you are transgender you can be different from what is on your birth certificate. You do not need a gender recognition certificate.”
Vic Valentine, Scottish Trans manager, welcomed the ruling and said: “Scotland’s census is meant to count everyone in Scotland as who they are on Census Day, and the guidance provided reassures trans men and trans women that this is the same for them as it is for everyone else.
“This is an important decision, clearly stating that all trans men and trans women are able to be counted on the census as who they are, not just those who have changed the sex on their birth certificate.”
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article