A Scottish judge has ruled that transgender women with a Gender Recognition Certificate can be legally identified as women, in a major step forward for trans rights.
It comes after For Women Scotland, which claims to “protect and strengthen women and children’s right” took the Scottish government to court last year.
The campaigners were protesting over the definition of “women” in the Gender Representation on Public Boards (Scotland) Act 2018. This law aims to ensure public board are 50% women in non-executive member positions.
The group claimed this legislation differed from the 2010 Equality Act, which separates the definition of women and trans women.
Tuesday’s failed appeal is also the second judicial review of the legislation from For Women Scotland.
The campaigners’ lost their first review before appealing it, which triggered the government to reform the act altogether.
The judgement from Lady Haldane, revealed on Tuesday, 13 December, said that the Equality Act of 2010 still protects a person’s rights based on their sex.
However, crucially she added that the definition of “sex” is not limited to their biological sex.
The law now reads: “Where a full gender recognition certificate has been issued to a person that their acquired gender is female, the person’s sex is that of a woman, and where a full gender recognition certificate has been issued to a person that their acquired gender is male, the person’s sex becomes that of a man.”
For Women Scotland was “hugely disappointed” in losing their case, but implied they may go after more legal action in the future.
The group also claimed: “At first reading this seems disastrous for women who are seemingly now no longer recognised in law as a sex-class, with distinct requirements of our own.”
The Scottish Parliament is also going to vote on gender law reforms next week, which could reduce the length of time it takes for people to change the gender on their birth certificate, further elevating trans rights.
It could mean medical diagnoses would not be necessary first, and may allow gender transition to happen at 16 rather than 18.