May 28, 2022

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Lord Sandison ruled, under the guidance of the National Records of Scotland, that people could identify their own gender, even if they did not have a Gender Identification Certificate (GRC).

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In his decision, he said the answer given “on good faith and reasonable grounds” would not be wrong.

The census will allow people to identify their gender.

The campaign group Fairplay for Women, which brought legal challenge, said it was “disappointed with the decision and will appeal immediately”.

The group said on Twitter: “The proposed sex questioning guidelines would jeopardize the collection of accurate sex data in the Scottish Census and the coherence of census data collected across the UK. It will end. “

Earlier this month, the group argued in Edinburgh’s Court of Sessions that gender can only be changed with a gender identity certificate, and what gender means is defined in the 1920 Census Act.

He took the action after announcing the sex question in the census, which included the instruction: “If you are transgender, you may differ from your birth certificate. You do not need a gender identity certificate.”

In his 32-page judgment on Thursday, Lord Sandison stated that “there is no general rule or rule of law that the answer to a person’s question of sex is only with reference to that person’s birth certificate or the sex described on the GRC.” can go”.

Roddy Dunlop QC, on behalf of the campaign group, argued that the sex question “must be answered truthfully” and that “gender on the certificate provides the correct answer to gender in the census”.

Lord Sandison stated in his judgment that it was “obviously wrong to answer the sexual question” and, for example, “a respondent who is registered as a woman at birth, and who on the day of the census Never had any concerns or suspicions about this assigned sex before, may be giving wrong answer by marking ‘male’ box in answer to sex question “.

He added: “It is very clear that a respondent, a woman registered at birth, without GRC, but who has come to live as a man for all practical purposes and purposes, may be a pharmacist or With a greater or lesser degree of surgical intervention, the ‘man’ will respond incorrectly by marking the box. “

Scottish trans manager Vic Clinton welcomed the decision, saying: “Changing the gender on your birth certificate is a pressing, lengthy and difficult process for a trans woman or trans man to apply for a gender identity certificate. Have to go through, which often happens. It takes many years.

“Nevertheless, trans men and trans women can update all their other identity documents, which family and friends can see as a man or woman, and complete their life for many years before applying.” You can go your own way. “

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