Scottish Government's surprising stance on pregnancy laws raises eyebrows
Next weekʼs Supreme Court case could re-define what “woman“ means in Scottish law. Government lawyers make unexpected claims about pregnancy protections that might change gender-based rights
The Scottish Government made a bold-and-unexpected legal move before next weeks Supreme Court hearing: stating that pregnancy protections can apply to men (those who were born female but transitioned)
In a 40-page document sent to Britainʼs highest court‚ officials argue that excluding trans-men from pregnancy protections could be direct discrimination; they also claim women-only groups cant bar people with gender-recognition certificates
The case brought by feminist group For Women Scotland challenges the governments interpretation of the word woman in the Equality Act. The hearing — scheduled for tue-wed next week — puts John Swinneyʼs administration in a tough spot
This legal stand-off comes after last years controversy about Isla Bryson (a convicted rapist who transitioned after crimes were committed). The case made big problems for then first-minister Nicola Sturgeon and her self-id policies
- Previous court battles went to Edinburghʼs Court of Session
- Lady Haldane ruled sex wasnt just about biology
- Inner House rejected initial appeal
- Now its heading to UK Supreme Court
Dr Michael Foran from Glasgow University points out that the governmentʼs position suggests the Equality Acts drafters made an unusual error in their wording. The feminist group argues this interpretation dont work and hurts womens rights
