Latest news with #ForWomenScotland
Daily Mail
18 hours ago
- Politics
- Daily Mail
At long last, the SNP is forced to accept the word 'woman' refers to biological sex
The definition of a woman refers to biological sex, the SNP government has finally been forced to accept in landmark new guidance. For the first time, the Scottish Government has set out its new position in formal guidance published in the wake of its Supreme Court defeat on the issue. In an update about laws around gender quotas on public sector boards, it states references to woman or women in the legislation 'are references to a biological woman or women'. It issued the new approach after being threatened with legal action unless it implemented the Supreme Court's ruling on the definition of a woman. Now ministers have been urged to ensure that all relevant guidance and legislation is updated. Maya Forstater, chief executive of human rights charity Sex Matters, said: 'The Scottish Government's clarification that the word 'woman' refers to biological women in its guidance concerning public boards might look trivial to a casual observer, but its impact will be outsize. 'As we have outlined in our letter before action, the Scottish Government must now act to bring all its policies in line with the law – and biological reality.' The Gender Representation on Public Boards Act was meant to create a 50:50 balance of women and men on quango boards. It originally defined a woman as 'anyone living as a woman', including biological males with or without a gender recognition certificate (GRC). For Women Scotland successfully challenged this in Scotland's courts and ministers dropped the definition from their law, but the revised guidance continued to say 'woman' included a trans woman with a GRC. After For Women Scotland appealed to the Supreme Court, judges ruled the legal definition of a woman is based on biological sex. In updated guidance on the Gender Representation on Public Boards Act issued as the Scottish parliament entered the summer recess, a section on 'the meaning of 'woman' for the purposes of the Act' said that 'references in the Act to a 'woman' or to 'women' are references to a biological woman or women'. The updated guidance was issued after Sex Matters threatened new legal action within 14 days if ministers fail to implement new policies and guidance. Scottish Tory equalities spokesman Tess White said: 'It appears only the threat of legal action has seen some common sense break out in the SNP. However, John Swinney has still failed to apologise for backing Nicola Sturgeon's reckless gender reforms.' In its submission to the Supreme Court ahead of last year's case, the Scottish Government argued references to a woman who is pregnant in the Equality Act would also apply to a 'pregnant man' born female. During the case, Ruth Crawford, KC, representing the Scottish Government, said a person with a GRC is 'recognised in law' as having changed sex 'and will have the protection afforded under the Equality Act'.
BreakingNews.ie
a day ago
- Politics
- BreakingNews.ie
Legal clarity sought from Belfast High Court on UK Supreme Court gender ruling
Guidance will be sought from the High Court in Belfast over the effect a landmark UK Supreme Court ruling on gender will have in the North. The Equality Commission in Northern Ireland has said that there is 'significant' legal uncertainty in the wake of the ruling, including how it interacts with existing equality law and with Article 2 of the Windsor Framework. Advertisement Chief Commissioner of the Equality Commission Geraldine McGahey said they would consult with other parties on whether they wish to join the legal proceedings on the 'nuanced and complicated' issue. Susan Smith and Marion Calder, co-directors of For Women Scotland, celebrated outside the Supreme Court in London after terms 'woman' and 'sex' in the Equality Act refer to a biological woman and biological sex (Lucy North/PA) Ms McGahey said through referring the issue to the courts, they hoped to avoid 'the toxicity which has sometimes characterised the debate'. The Supreme Court in London declared in April that the terms 'woman' and 'sex' in the 2010 Equality Act 'refer to a biological woman and biological sex'. The ruling has been interpreted to mean that transgender women can be excluded from women-only spaces such as toilets and changing rooms. Advertisement However, the Equality Act 2010 does not cover Northern Ireland. The Equality Commission was to prepare guidance on the ruling's potential implications on Stormont departments. The ruling sparked protests in London and elsewhere (Andrew Matthews/PA) In a legal paper published by the Equality Commission on Friday, it said it would request legal clarity from the High Court. The Commission said that once the High Court decides on the matter, and subject to any appeals, the Commission will then produce its draft guidance, which will be subject to further consultation. Advertisement Ms McGahey said: 'After much consideration and analysis, the Commission has concluded that the situation in Northern Ireland, in respect of this matter, is much more nuanced and complicated, and there is significant uncertainty due to our unique legal landscape. 'We have no interest in merely speculating as to how a court might determine these issues in the future. We will not answer these legal uncertainties by weighing the arguments 'for' and 'against'. 'It is important that the Commission shows leadership as people and their lives are at the heart of this issue. 'To achieve greater long-term certainty and clarity for all involved, the Commission will be seeking a declaration from the courts to address several questions regarding the significant legal uncertainties. Advertisement 'Our equality laws do not sit in isolation; they interact with other laws and regulations for which the Commission does not have a remit. 'We believe other bodies and organisations will also require clarification on the legal position in relation to their own areas of work and may join the Commission in its legal proceedings. 'The Commission will issue Pre-Action Protocol letters to government departments and other public bodies with legal responsibilities potentially affected by the judgment and to other interested parties. 'The Commission will also commence a wider consultation process for all interested stakeholders.' Advertisement She said the Commission wants to give everyone the opportunity to engage and will welcome input from all stakeholders. 'We fully recognise the challenges faced by employers and service providers as they try to navigate these uncertainties,' she said. 'As this is an evolving area of law, we will keep our interim information for employers and service providers under review and offer advice on a case-by-case basis where the law is clear. 'Ultimately, maximising legal certainty and transparency is at the heart of our strategy. Entertainment Nicola Coughlan raises more than €120,000 for UK t... Read More 'We aim to create a robust framework for offering guidance, rather than being subject to numerous legal uncertainties that may be contested in the courts over the coming years at potentially great cost to the public purse. 'By adopting this approach, we hope to avoid the toxicity which has sometimes characterised the debate around how to balance the rights of biological women and transgender women by creating a space for debate and adjudication by the courts. 'We believe our approach will be in the best interests of everyone in Northern Ireland.'
Belfast Telegraph
a day ago
- Politics
- Belfast Telegraph
Equality Commission: ‘Supreme court ruling on gender has legal uncertainties for NI'
A paper released by the Commission today claims that the judgement will be 'highly persuasive' in certain aspects of Northern Ireland's courts, but there are still uncertainties of what effects it will have on NI law. In April the country's highest court unanimously ruled that the terms 'woman' and 'sex' in the Equality Act "refer to a biological woman and biological sex" following a dispute centred on whether someone with a gender recognition certificate (GRC) recognising their gender as female should be treated as a woman under the UK 2010 Equality Act – which does not apply in Northern Ireland. The judgement was made by the Supreme Court after campaigning group For Women Scotland, who wanted to overturn Scottish legislation which said 50% of members on public boards should be female, with the definition of female including transgender women. The decision made headlines across the UK, however questions remained over what the ruling meant for transgender people in Northern Ireland. The DUP's Upper Bann MP Carla Lockhart welcomed the judgment calling it 'clear and a victory for common sense', while the Ulster Unionist Party's Justice spokesperson Doug Beattie said the ruling 'has major implications for the application of the Equality legislation in Northern Ireland' which he said affirmed that 'transgender women are not women.' NI based organisation The Rainbow Project acknowledged the decision at the time. saying on a social media statement that the 'ruling is not good news' and that they watched the ruling with 'significant concern'. The paper also states that the Supreme Court Judgement didn't consider article 2 of the Windsor Framework. Article 2 of the Framework concerns the rights that are written in the Good Friday Agreement, including protections against discrimination. Geraldine McGahey, Chief Commissioner of the Equality Commission for Northern Ireland says the Commission will be seeking a Declaration from the courts to address questions regarding legal uncertainties, adding that the commission's approach towards the issues will be in the 'best interests of everyone in Northern Ireland' 'To achieve greater long-term certainty and clarity for all involved, the Commission will be seeking a Declaration from the courts to address several questions regarding the significant legal uncertainties.' 'Our equality laws do not sit in isolation; they interact with other laws and regulations for which the Commission does not have a remit. We believe other bodies and organisations will also require clarification on the legal position in relation to their own areas of work and may join the Commission in its legal proceedings.' McGahey also said that the commission hopes to avoid 'toxicity' around the debate around biological sex. The paper also contains interim information for employers and service providers. In a poll by the Belfast Telegraph in May, almost three-quarters of people in Northern Ireland agree with the Supreme Court's ruling. The LucidTalk poll found that 72 per cent of people here agreed with the Supreme Court's ruling, with 20 per cent disagreeing and 8 per cent unsure.
Indian Express
2 days ago
- Politics
- Indian Express
Against the narrowing definition of womanhood
It takes courage to write — especially stories that challenge the status quo. It takes even more courage to stand on a global platform and speak your truth. When Dutch author Yael van der Wouden stepped up to accept the Women's Prize for Fiction on a balmy June night in London, she demonstrated bravery in spades. 'Please be gentle and kind,' she murmured, bracing for her audience's reaction, before coming out as intersex. That she had to make the plea at all is the real indictment. 'I was a girl until I turned 13,' she told the 800 people gathered. 'And then, as I hit puberty, all that was supposed to happen did not quite happen. And if it did happen, it happened too much. And all at once, my girlhood became an uncertain fact… hormonally, I am intersex.' She need not have worried about how her revelation would be received. The cheer that followed was louder than the one that greeted her name. In that moment, van der Wouden, who had just been awarded a prize that celebrates 'women's voices,' redefined what the term could mean. 'In the few precious moments here on stage, I am receiving truly the greatest honour of my life as a woman, presenting to you as a woman and accepting this women's prize,' she said. 'And that is because of every single trans person who's fought for healthcare, who changed the system, the law, societal standards themselves. I stand on their shoulders.' The timing of her words and the stage she chose to say them from lend her words particular weight. Just two months ago, the UK Supreme Court ruled that the definition of 'woman' refers strictly to biological sex. The case, brought by campaign group For Women Scotland, argued that sex-based protections must apply only to those 'born female.' The ruling, though framed by the court as not being a victory for one side over another, has major implications for how sex and gender are treated across public life, and for who gets counted as a woman under the law. It is not just the UK. In the US, the rollback of transgender rights is gaining speed under a second Trump administration. This week, the US Supreme Court ruled that states can constitutionally restrict gender-transition care for minors, the latest blow in a coordinated, nationwide effort to curtail trans rights in education, healthcare, sport, and public life. More than two dozen Republican-led states have already passed laws restricting care or limiting trans people's participation in public life. Trump has aligned federal policy with a rigid 'biological sex' framework, barred trans people from serving in the military, and ordered that passports reflect sex assigned at birth. Though there have been some legal victories against these moves, the political momentum has shifted in the West. In a world where womanhood is increasingly being policed by legal and cultural gatekeepers, van der Wouden's declaration is powerful and political. 'Won't thrill you too much with the specifics,' she said, 'but the long and the short of it is that hormonally I am intersex. This little fact defined my life throughout my teens until I advocated for the healthcare that I needed, the surgery and the hormones that I needed, which not all intersex people need. Not all intersex people feel at odds with their gender presentation.' The statement is telling. She reminded the audience that intersex persons are not a theoretical category. They exist with real needs and identities. More importantly, not everyone has homogeneous needs, wants, and identities. The point is not conformity, but autonomy. Her prize-winning debut novel, The Safekeep, is about many things: Female relationships and rivalries, repression, queer love, the Second World War, the lingering legacy of war, memory and forgetfulness, and the meaning of home. However, for Wouden it is a story of collective compliance and redemption: 'The conversation [my novel] has entered into felt all the more important to me in the face of violence in Gaza, in the West Bank, and… the violence my own queer and trans community faces worldwide,' she said. However, there is a silver lining, much like her protagonist, Isabel, it is never too late to see the collective error of our ways and make amends.
The Herald Scotland
3 days ago
- Politics
- The Herald Scotland
Top civil servant told to ‘get on it' after ruling on gender
Mr Griffin insisted the Scottish Government was 'taking action where we think that is appropriate and possible', pending a further update from regulators at the Equalities and Human Rights Commission (EHRC). But with two women's rights groups – For Women Scotland and Sex Matters – now threatening further legal action against the Scottish Government, Ms Thomson told the top civil servant he should 'get on it'. She challenged the Permanent Secretary on the issue in the wake of the Supreme Court ruling back in April that the words 'woman' and 'sex' in the Equality Act 2010 refer to a biological woman and biological sex. That judgment came about after a challenge to the Scottish Government by For Women Scotland – with ministers, including First Minister John Swinney, making clear that while they accept that, they are waiting for further guidance from the EHRC before acting. The Scottish Parliamentary Corporate Body made changes to its policy on the use of toilet facilities in the Holyrood building in May (Image: Jane Barlow/PA) Ms Thomson however pointed out that at Holyrood the Scottish Parliamentary Corporate Body has ruled that the use of toilet facilities designated as either male or female will be based on biological sex – preventing trans people from using the toilet of their preferred gender. Mr Griffin insisted there is a 'range of action we have been taking already', adding that Social Justice Secretary Shirley-Anne Somerville had tasked him with leading a short life working group 'to take stock of the actions we need to take'. Speaking as he gave evidence to MSPs on the Finance and Public Administration Committee, Mr Griffin said: 'These are the actions we are taking while we wait for the end of the EHRC process to review their statutory guidance. 'Once that is finalised we will then be able to take a further series of actions.' He added: 'We are taking action where we think that is appropriate and possible, pending the finalisation of the EHRC guidance.' READ MORE: When Ms Thomson then demanded to know what action had been taken 'beyond talking about taking action', Mr Griffin told her: 'Specific actions, I can't give you that right now.' But he insisted the work being done was looking to 'prepare the ground' so that the government is ready to implement changes once the EHRC guidance is finalised. The Permanent Secretary said: 'We in the Scottish Government are in a very similar position to the UK Government and the Welsh Government in our understanding of our responsibility being we need to wait for the guidance for the implementation of some actions.' Michelle Thomson insisted Scotland's most senior civil servant needs to 'get on it' and act after a landmark Supreme Court ruling (Image: Andrew Milligan/PA) But with two potential further legal challenges that Ms Thomson said could potentially result in a 'significant loss of public money', the SNP MSP told him she was 'staggered why you are not acting now'. Mr Griffin said the advice he was given 'remains nevertheless that we should wait for the statutory regulator to finalise their guidance'. He added: 'I am assured that the advice that I've got is the correct advice. 'We find ourselves in a very similar position to our colleagues at Westminster and in Cardiff.' But Ms Thomson told him: 'I think my firm advice to you would be to look afresh at that. It is no justification under law, frankly, to say: 'Ah well, that's what everybody else was doing.' 'The Supreme Court judgment was compellingly clear, there is a threat of two further legal actions. My firm advice to you, Permanent Secretary, would be to get on it, because I think you are ultimately the accountable officer responsible for ensuring the Scottish Government upholds the law. 'And regardless of your view in this matter, I personally think it is a very poor look that we're 10 weeks later and we haven't done anything about it.'
