2 days ago
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'.
