Scotland’s shame
by Stephanie Davies-Arai, The Critic:
Stonewall’s grip on the Scottish Government is now complete after the announcement of the Gender Recognition Act reform bill in Scotland yesterday. This was the final aim: to reduce biological sex to such irrelevance in law and public policy that anyone can choose to have the sex marker changed on their birth certificate by simple self-declaration. If this bill is passed it will effectively legislate the Stonewall mantra “trans women are women”.
The Scottish Government’s slavish obedience to the dictates of Stonewall has resulted in a legislative muddle when it comes to sex and gender. The outcomes of two recent court cases in Scotland have left the government in an embarrassing predicament entirely of its own making.
While sex (according to this bill) is now a matter of self-identity and will be recorded as such in the census, in the case of the Gender Representation on Public Boards Act the court ruled against self-ID as this would change the nature of the protected characteristic of “sex” — a reserved matter under the Equality Act 2010.
The appeal court ruling in the census case reinforced this point. Despite ruling against the appeal brought by Fair Play for Women, important case law was upheld, maintaining biological sex must be recorded in prescribed circumstances involving status, proof of identity or other important rights.
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