For Women Scotland heading for Supreme Court

[Imnobody4]

You can read the reasons etc in For Women Scotlands crowdfunder. They are launching this review
UK Supreme Court: The Definition of Sex in the Equality Act

The Inner House of the Court of Session Judgment

We believe the Equality Act was drafted on the basis of the ordinary, common law understanding of the biological differences between the two sexes. The protected characteristic of “sex” in the Equality Act is defined as a reference to a man or a woman, where man means “a male of any age” and woman means “a female of any age”. We think it is quite clear that these are distinct and separate groups and that “woman” is not a mixed-sex category.

However, in our recent judicial review, For Women Scotland v The Scottish Ministers [2023] CSIH 37, the Inner House took the opposite view and decided there is a relationship between the Gender Recognition Act 2004 (GRA) and Equality Act 2010 and held that the meaning of sex in the Equality Act incorporated the GRA framework.

The court decision stated that a person with a Gender Recognition Certificate (GRC) in their acquired gender has the protected characteristic of gender reassignment. Separately, they also possess the protected characteristic of sex according to the terms of their GRC and have a presumptive right to access the single-sex services of their acquired gender.

The Supreme Court will consider a request brought by For Women Scotland (FWS) who argue there are “strong grounds” for its challenge, which will almost certainly overturn contentious Scottish government legislation if successful.Campaigners for women’s “sex-based” rights reacted with delight to the news, including Magi Gibson, the poet, who posted on X/Twitter, that it was “game on” on in the “fight for the protection of women’s rights within the UK legal system”.Dennis Noel Kavanagh, a lawyer and the director of Gay Men’s Network, said: “Getting permission to go to the Supreme Court is really hard and very rare but FWS have it. The question ‘what is a woman’ in law will now be heard by our highest court. Massive news.”

www.thetimes.com/article/088ae0ce-fba9-4b97-8331-01a32195bef5?shareToken=3ada340957f5d2af2e20b01a7c15da3b

https://x.com/ForWomenScot/status/1861335247146697170?t=IAAqWHjnMdP8izxdqOXl_g&s=19

As a legal status, woman is something that a man can gain and a woman can lose.

Same, @Deadhouseplant he's crystal clear and with a very "human" touch.

The history is important, he's placing the foundations of the submission well.

Careful...

"This footage is made available for the sole purpose of the fair and accurate reporting of the judicial proceedings of the Supreme Court. Although you are welcome to view these proceedings, the re-use, capture, re-editing or redistribution of this footage in any form is not permitted. You should be aware that any such use could attract liability for breach of copyright or defamation and, in some circumstances, could constitute a contempt of court."

His point that the other side seem to be saying ‘you’re not a woman until the law makes you one’ was also well made.

This KC is excellent, making the point repeatedly that many of the barristers and judges there today are men. Women are still not fully represented at the highest level on the basis of sex.

He's painting an image of a dystopian future where we all need certificates to prove we are women.

Yes, despite there being more women than men in law school 40 years ago (I think that is what he said).

As he says, "where did they all go?"

I love how he's giving examples of patriarchy in action

OMG he gets it and it explaining it so well.

Agree with pp he's really good.

I've lost the feed

Anyone else getting a bit teary having it all laid out so clearly?

It’s still there

Yes. FFS.

"Biological denialism is just shape shifting patriarchy"

Any TRAs will be having conniptions just listening to him lay it out.

"Once again, women are losing out to accommodate men's claims"

If the Scottish government win this, everyone can quite rightly say that Scotland is patriarchy in action.

If he grew his beard longer he would make a great Father Christmas. Hoping that his great performance here helps to bring women a fab Christmas present

Ok I have cleared my diary for a couple of hours, catching up with this now.

We won't know till spring tho?

Hopefully it should at the very least spark some interesting media coverage.

Late Christmas present?