Trans women should be regarded the same as biological women when it comes to achieving a 50-50 balance of men and women on public boards, a judge in Scotland has ruled
Lady Haldane in the Court of Session said trans women who hold a Gender Recognition Certificate can take seats which are earmarked for women.
But the campaign group For Women Scotland, which had gone to court on the public boards issue, say Lady Haldane's ruling now makes that stance untenable. "With the attempt by the Scottish Government to expand the pool of people who can get a GRC by removing a need for a gender dysphoria diagnosis, so basically anyone for any reason, and people aren't allowed to question it, they are undermining the principle of the Equality Act and are straying quite far into reserved matters."
"The Scottish Government has said a GRC doesn't change what it means to be a man or a woman but this ruling proves it does, so this argument has been framed dishonestly from the very beginning. The Scottish Government then redrafted its guidance to public organisations on how to implement the legislation. But FWS went back to court stating that it still conflated sex and gender, and re-wrote the definition of the word woman.
"There are no doubt many other such examples. That does not give rise to the inevitable conclusion, as was urged upon me, that “sex” in the present context must mean the same thing as it does in others. A rigid approach in this context is neither mandated by the language of either statute nor consistent with their respective aims and purposes.
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