SNP in secret attempt to challenge Supreme Court ruling on sex

IANAL but Scot gov doesn't have to put them in prisons according to their biological sex as described in this article.

The SC ruling is just that they aren't allowed to put say a transwoman in a women's prison or a trans man in a men's prison (even with a GRC).

Because sex = biological sex in the law so womens only means biological women only.

There could be for examples, a transwoman prison or a transmen prison. So there is no incompatibility.

Edit - at any rate there are competing rights. Sure transgender have right to private life etc. but that doesn't override others' rights as SC covered.

I'd love to see the legal reasoning behind that assertion. It would match Big Sond's Peggie vs Fife for creativity.

Didn't FWS vs Scottish Ministers examine human rights compatibility?

On what grounds does someone born with a penis have a right to considered as a suitable inmate for the female prison estate?

It makes no sense. Even if, and it's a very big if, a declaration of incompatibility is issued the UK Govt are hardly likely to pay attention to a lower Scottish court over the decision of the UK Supreme Court. And anyway, FWS will just appeal the case all the way back to the Supreme Court who will sigh in despair and say We've already considered this issue, go away. And then what? The Scottish Government will be in exactly the same position as before, they can't take it any further as only individuals - not the state - cant take a case to Strasbourg.

Are they just trying to muddy the waters and sow the seeds of doubt in Labour in the hope they'll take the initiative and amend the Equality Act to meet Scotgov's demands?

Essentially the Scottish government is seeking to have the court tell the Westminster government the some element of the EA2010 is incompatible with the British state’s human rights obligations and must be changed.

This is only if the court upholds the judicial review and agrees with FWS that the EA2010 forbids male prisoners in the women’s estate.

As a tiny party, the Greens are vulnerable to entryism. The people who want penises in women's prisons are using the Greens as a vehicle to achieve that and don't actually give a fuck about the environment, human rights, or any of the proper Green issues.

Looking at recent polling, it occurs to me to wonder what Reform's position is on the Scotland Act? I hold no candle for Reform but while the SNP, Greens & others are still apparently mad as frog trifle when it comes to giving criminal males access to female prisoners, it seems reasonable to ask.

An instruction from the court to the Scottish govt, that the Scottish govt are asking for? Or an instruction to the Westminister govt?

This needs to be pasted onto billboards ahead of the next election.

Politics is a heck of a dirty business.

But then the question moves to why the actual fuck the Greens are so desperately invested in getting cock into women’s spaces instead.

I'm totally making this up, but I don't see it's about status. If there's a declaration issued then they could ask to be heard as intervenors, if the UK government appeals. But a declaration of incompatibility is an instruction from the court to the government. it's way over the head of any private organization like FWS, nor does it affect them.

Scotland must be some kind of Utopia if getting male rapists banged up with vulnerable women is the most pressing issue they need to sort 🙄

So the Scottish govt are trying to force the Westminster govt to alter the EA?

Re standing: Doesn't FWS's status as a women's rights organisation give them that?

Trans-identifying woman James Morton: "We strategized that by working intensively with the Scottish Prison Service to support them to include trans women as women on a self-declaration basis within very challenging circumstances, we would be able to ensure that all other public services should be able to do likewise."

I don't think they would. A declaration of incompatibility affects nobody except the UK government. The purportedly incompatible law still stands and must be obeyed, regardless.

Then it's up to the UK government itself to either change the law, if it accepts the declaration, or appeal it, if it thinks the law is good and wants it to stand.

I don't see how that affects FWS. I doubt whether they would even have standing to appeal a declaration of incompatibility.

For sure, the court will only grant a declaration of incompatibility if FWS win this judicial review, an outcome of which will be a requirement to change the policy, so it would actually be a victory of sorts.

Its the dentons play book, get or in this case keep men in women's prisons and everything else will fall

Keep in mind that the SG still haven't paid FWS the costs the SC ordered them to pay.

The SG openly defy the rule of law.

Do they seriously think that as long as they have their fingers crossed behind their backs that it is ok? What is it about this issue that brings on such insanity? Under no other circumstance would anyone dream of housing male murderers and rapists with vulnerable women. On this issue governments will break the law and ministers will endanger their careers to protect those murderers and rapists. Whyyyyy?

Utterly vindictive.

This is to bankrupt FWS, who would then have to request a SC JR or appeal (I'm not sure which) of the lower court's declaration of incompatibility.

They want to go to court to protect the "rights" (wishes, rather) of, how many, let's say half a dozen transgender criminals in Scotland - some of whom are incredibly violent. Imagine being locked up with "Tiffany" Scott! And in doing so, they are happy to throw away the actual rights of women. If it's just the criminal women, that's about 290 women they don't care about. If they want to extend this favouritism to all spheres of life, that's over 2.5 million of us.

Even if a Scottish court issues a declaration of incompatibility, the law still stands and must be obeyed.

The UK government could appeal the declaration, all the way to the Supreme Court, if necessary.

The problem is in the upcoming elections no party is actually decent enough to win against them. So many glaikit people will just vote for SNP as that's who they always voted for. If Scottish Labour got their act together that might help, as prior to SNP being in the majority most of Scotland voters were Labour. Obviously there were pockets of Lib dem up in Islands and up far North. Conservatives have always been more represented in the Borders, some in Aberdeen and parts of Edinburgh/East coast.

It's never been enough to change to a different party as a majority for such a long time. The SNP have been in power so long and people keep voting them on it's going to take a big effort for opposition parties to turn the ship.

They lost the support of the Scottish Greens. Presumably it's a desperate attempt to get them back on board.

Aaah!!! They are like spoilt children!

Specifically, vulnerable women’s spaces by violent male criminals.

Just why this one issue? Out of all the spaces to draw a line in the sand, you wouldn’t have thought it’d be to support the rights of convicted rapists and murderers 🤷‍♀️

SNP ministers are seeking a legal ruling declaring that implementing the Supreme Court’s landmark ruling on sex would unlawfully trample on the human rights of transgender criminals.