Tag: Gender Recognition Act 2004
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![Crash Krylova: Trans People in Prison: For Women Scotland v Scottish Ministers [2026] CSOH 59](https://ukconstitutionallaw.org/wp-content/uploads/2025/05/crash_wigley.jpg)
Crash Krylova: Trans People in Prison: For Women Scotland v Scottish Ministers [2026] CSOH 59
Introduction On 19 June 2026, the Outer House of the Court of Session handed down judgment in the case of For Women Scotland v Scottish Ministers [2026] CSOH 59 (“For Women Scotland 3”). This piece is intended as a critique of that judgment, exploring the relevance of the Equality Act 2010 and the Schedule 22(1)…
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Michael Foran: For Women Scotland: Is legal recognition of biological sex a violation of human rights?
In For Women Scotland v The Scottish Ministers the UK Supreme Court rejected the contention that possession of a Gender Recognition Certificate changes an individual’s sex for the purposes of the Equality Act 2010, maintaining equality of status for all those protected under the characteristic of gender reassignment and ensuring that biological women are protected…
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Crash Wigley: For Women Scotland: A Case of Significant Silences
For Women Scotland v Scottish Ministers [2025] UKSC 16 is a judgment that has triggered great public discussion about the position of trans people in Great Britain (for an interesting discussion of the legal position in Northern Ireland, see Deb et al, “Limits to the UK Supreme Court’s Reach: Northern Ireland, the Windsor Framework and…
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Chris McCorkindale and Aileen McHarg: Rescuing the Gender Recognition Reform (Scotland) Bill? The Scottish Government’s Challenge to the Section 35 Order
Introduction On 17 January, the Secretary of State for Scotland, Alister Jack MP, made an Order under s.35 of the Scotland Act 1998 prohibiting the Scottish Parliament’s Presiding Officer from presenting the Gender Recognition Reform (Scotland) Bill (GRR Bill) for Royal Assent. The Bill, which was passed with cross party support on 22 December 2022,…
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Michael Foran: Sex, Gender, and the Scotland Act
Yesterday, the Gender Recognition Reform (Scotland) Bill was heard at Stage 3. If it receives royal assent, it will amend the Gender Recognition Act 2004 to make it easier for people in Scotland to change their legal sex. This has proven to be extremely controversial, prompting calls from some feminist groups that the introduction of…