Legal threat to trans-inclusive census
by John Boothman, The Sunday Times:
Campaigners consider court action if Holyrood lets people self-declare sex rather than follow birth or gender certificate.
Scottish ministers are being threatened with legal action over trans-inclusive guidance that would allow individuals to choose their gender for the national census.
Feminist groups argue that sex is defined by law and that census participants should be instructed to declare their sex according to their birth certificate or gender recognition certificate.
It follows a successful challenge in the High Court in England against similar guidance produced for the census south of the border.
Dr Nicola Williams, director of Fair Play For Women, which won the High Court challenge in March against the Office for National Statistics, said legal action against the Scottish government is under consideration.
“This is a very serious matter. What is meant ‘sex’ in the census is a matter of law and not a matter on which ministers can decide. We cannot see any reason why UK census law doesn’t apply in Scotland. We are taking legal advice and considering next steps.”
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