The Scottish government has defeated a legal challenge over how it defined a 'woman' in a bill.
A court has thrown out a challenge against the Scottish government's definition of a woman in law.
In her decision, Lady Haldane wrote: "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 obtained in accordance with the 2004 Act stating their acquired gender, and thus their sex."
The group lost an initial judicial review, but were successful on appeal when Lady Dorrian ruled that the bill "conflates and confuses two separate and distinct protected characteristics". Susan Smith, co-director of For Women Scotland, said the group was "obviously disappointed" with the ruling and would be looking at grounds for appeal.
The Holyrood bill at the heart of this challenge was really just the vehicle for a broader question about the roles of two big pieces of Westminster legislation - the Gender Recognition Act of 2004, and the 2010 Equality Act. Those on the other side of the debate insist that it does nothing of the sort - rather it simply reiterates the position as they had always understood it.This is very timely because the row now moves back into parliament, where MSPs are finalising plans to make it easier to obtain a gender recognition certificate.
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