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This History Month, we’re asking you to get in touch with the Scottish Government to ask them how their actions now will be remembered in the years to come: Email the Scottish Government
Since last year’s Supreme Court ruling on the meaning of “sex” in the Equality Act 2010, there has been widespread uncertainty and fear about the future for trans people’s equality and human rights across the UK. International human rights actors have sounded the alarm about the direction of travel the UK is taking: Letter from Commissioner for Human Rights of the Council of Europe to the UK Parliament (new tab), Statement from seventeen UN experts (new tab).
Trans people are already facing increased exclusion, harassment and discrimination, as we’re shut out of spaces and services we need to go about our daily lives: Trans Actual’s “Trans Segregation in Practice” Report (new tab).
Against this backdrop, the Scottish Government has been working to add ‘sex’ as a protected characteristic to Hate Crime legislation, following the roll-back on their long-awaited anti-misogyny legislation which sought to more effectively root out misogynistic acts across Scotland that target women and girls. We supported their work on misogyny and efforts to protect women and girls from misogynistic hate.
The Scottish Government has chosen to copy and paste the definition of “sex” as “biological sex at birth” used by the Supreme Court into these new protections in hate crime law. Even though this does nothing to improve protections for women and girls, causes technical problems for the existing law, and causes further harm to trans people. Page with a detailed explainer of the SSI and the problems with the Scottish Government’s approach
The Supreme Court was explicit that its ruling applied only to the Equality Act 2010. The Scottish Government did not need to do this; it was a choice that they made. This decision increases the reach and detrimental impact of the Supreme Court ruling and sends a worrying message about the direction Scotland is taking.
It also makes the Scottish Government the first Government in the UK to write into law, from the outset, that “sex” means “biological sex at birth”. Trans women will still be protected from hate crime motivated by sexism even though they’ve used this definition. That’s because hate crime law is all about the motivation of any perpetrator. But that doesn’t change how unnecessary and harmful this decision is.
This decision will also encourage gender critical campaigners to constantly call for sex to be defined this way everywhere going forward – including where it could cause real and significant harm to trans people.
We’d like you to ask the Scottish Government: Email the Scottish Government
30 Bernard Street Edinburgh EH6 6PR
+44 (0)131 467 6039 info@scottishtrans.org
Scottish Trans is part of the Equality Network
Scottish Trans is the Equality Network project to improve gender identity and gender reassignment equality, rights and inclusion in Scotland. The Equality Network is a leading Scottish lesbian, gay, bisexual, transgender and intersex (LGBTI) equality and human rights charity.
The Equality Network is a registered Scottish charity: SC037852, and a company limited by guarantee: SC220213.
We are grateful for funding from the Scottish Government
