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Feminism: Sex and gender discussions

Michael Foran: For Women Scotland: Is legal recognition of biological sex a violation of human rights?

6 replies

fromorbit · 15/05/2025 17:00

Lots of Legal posts coming in with Naomi Cunningham's response, Good Law Project's latest terrible advice, now we have Dr Michael Foran's latest. -

Short version - biological sex exists, the Supreme Court was right, Crash Wigley's legal arguments against the decision are weak.

This post is a response to Crash Wigley’s post,which argues (among other things) that the Supreme Court has failed to consider the human rights implications of this judgment for transgender people and that the decision is likely to lead to violations of the Article 8 ECHR rights of transgender people in the UK.
https://ukconstitutionallaw.org/2025/05/15/michael-foran-for-women-scotland-is-legal-recognition-of-biological-sex-a-violation-of-human-rights/

Note Wigley is involved in Good Law Project's three hundred and eighty grand attempt to attack the judgement. Not looking great for any form of success there if they even do anything.

Michael Foran: For Women Scotland: Is legal recognition of biological sex a violation of human rights?

In For Women Scotland v The Scottish Ministers the UK Supreme Court rejected the contention that possession of a Gender Recognition Certificate changes an individual’s sex for the purposes of the E…

https://ukconstitutionallaw.org/2025/05/15/michael-foran-for-women-scotland-is-legal-recognition-of-biological-sex-a-violation-of-human-rights/

OP posts:
WithSilverBells · 15/05/2025 19:29

Bumping this because it is an excellent read, especially if you read Wigley's post first.

ItsCoolForCats · 15/05/2025 20:11

So the angle they are taking is that the ruling is a violation of trans people's human rights. But what about the human rights of women? I don't think Chase Wrigley addresses this. How do they square that circle?

Unluckyjim · 15/05/2025 20:14

Women aren’t human?

Bannedontherun · 15/05/2025 20:36

Good and reassuring read legal challenges against the SC ruling have no chance whatsoever.

Igmum · 15/05/2025 21:19

Agree Banned. This is a well-argued, beautifully evidenced and cogent piece (and I’ve now read so much commentary on the SC judgement I’m starting to wonder whether I can identify as a lawyer).

Bannedontherun · 15/05/2025 21:26

Igmum · 15/05/2025 21:19

Agree Banned. This is a well-argued, beautifully evidenced and cogent piece (and I’ve now read so much commentary on the SC judgement I’m starting to wonder whether I can identify as a lawyer).

A reader at law perhaps

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