https://www.holyrood.com/news/view,scottish-government-defeats-legal-challenge-on-definition-of-woman
However, Lady Haldane today issued an opinion noting that the Scottish Government’s guidance, which was revised as a direct result of the earlier case and relates only to the law on public boards, is lawful.
“I conclude that in this context, which is the meaning of sex for the purposes of the 2010 Act, sex is not limited to biological or birth sex, but includes those in possession of a GRC [gender recognition certificate] obtained in accordance with the 2004 Act stating their acquired gender, and thus their sex,” she wrote.
“Such a conclusion does not offend against, or give rise to any conflict with, legislation where it is clear that sex means biological sex.”
Lady Haldane noted that the issue of transgender rights is “an often contentious social policy debate”, but that the court was not being asked to resolve that debate. The matter she was being asked to consider, she stressed, “is in the end of the day one of legal interpretation”.