Scottish Government guidance that allows people to ‘self-declare’ as a member of the opposite sex in the national census is unlawful, Fair Play for Women (FPFW) has argued at a judicial review. Representing FPFW, Roddy Dunlop QC told the Court of Session that abandoning the legal requirement for people to enter their legal sex on the census undermines legislation put in place by the UK Parliament. The new guidance from the National Records of Scotland (NRS) permits respondents to enter a different sex to the one on their birth certificate, without having first obtained a Gender Recognition Certificate. Douglas Ross QC, representing the Scottish Government, claimed the idea that sex is “fixed and immutable” from birth was “rigid and unaccommodating”. She added: “The High Court in England backed our position, and we are confident that the Scottish court will see it the same way.”Court of Session judge Lord Sandison is expected to give a written opinion shortly.

Source: The Times February 11, 2022 16:09 UTC