For women, Scotland Limited directed lawyers to go to the inner court of the Court of Sessions following a decision by Judge Lady Wise last year.
Campaigners have failed to convince Lady Wise that gender representation is illegal under the Public Boards (Scotland) Act 2018.
The organization believes that plans to amend the legislation that would allow transgender people to have greater representation on public boards cannot be upheld in law.
The group said the legislation violated existing equality law passed by the British Parliament.
For women, she also argued that the Scottish Government could not legislate an equality law because it was reserved for the British Parliament.
Lady Wise rejected the submissions, concluding that Scottish ministers had the right to pursue their plans, which would be appealed to the lower house of the Court of Sessions.
Eden O’Neill, advocate for women, told judges Lady Doreen, Lord Paintland and Lord Malcolm that her partner had misinterpreted the law.
He argued that the Equality Act 2010 contained “safe havens”.
“One of these traits protects people from sexual discrimination,” he said.
Mr O’Neill said the Equality Act defines gender as a group of people, either men or women, or men or boys, or women or girls.
Mr O’Neill also said that the sex discrimination law defines women on the basis of their unique biological characteristics – such as fertility.
He said another protected feature under the Act is for transgender people who face discrimination.
Mr O’Neill said the Scottish Government’s proposals to help transgender people gain greater representation on public boards undermined the rights enjoyed by women under the Equality Act.
In a written decision issued by the court on Friday, Lady Doreen and her colleagues upheld Mr O’Neill’s pleas.
Judgment lady Dorian wrote that Scottish legislation violates the Equality Act 2010. He said the 2018 Act was against the legislation of the Hollywood Road Parliament.
She wrote: “By including heterosexuals living as women in the definition of woman, the Act of 2018 confuses and confuses two distinct and separately preserved characteristics, and in one case the nature of this characteristic. Enables to be protected.
“It would have been open to the Scottish Parliament to include the goal of equal opportunities on public boards to encourage women’s representation. , Including gender reassignment.
“This is not what they have done. They have chosen to aim for representation in relation to women, but have expanded the definition of women to include only a few of them which have another safe feature.” I am
“In any case, the definition of woman adopted in the legislation includes women who have the safest sexual characteristics of women, but only some of them that have the safest sexual characteristics.”
“It protects only those who are eligible for the latter, which is a feature that is also present in women.”
Lord Ordnance (Lady Wise) stated that the 2018 Act did not redefine ‘woman’ for any other purpose, except for the ‘inclusion of transgender women as a second category’ which was positive. Will benefit from the initiative.
This is to say: ‘Transgender women’ is not a category for these purposes; it is not a protected feature and for the reasons given, the definition of “woman” adopted in the Act affects the nature of protected features. Style is a safe thing to do
“Changing definitions of protected property, even for the purpose of achieving the goal of gender identity, is not permitted and the 2018 Act is out of legislation in this regard.
“The reclamation motion succeeds for the above reasons.”
The decision comes just 24 hours after Outer House Judge Lord Sandison’s decision to allow “self-identification” when asked about his gender in this year’s census.
Scottish government lawyers have denied that the Hollywood administration was operating illegally.
In last year’s proceedings, Scottish Government lawyer Ruth Crawford QC said the law allowed the Scottish Government to legislate on the matter.
He said the proposed new definition of the word “woman” would mean that the meaning of woman would be broadened.
It will no longer be a “woman of any age” and will include transgender women, who are protected by gender assignment under the Equality Act 2010.
Lady Wise agreed with the submissions submitted by the Scottish Government’s legal team.
He wrote that progress in the Scottish Government’s legal relationship with the legislation passed in Westminster meant that Edinburgh could legislate on the matter.
He said the proposed changes did not violate the Equality Act 2010 either.
Lady Wise also wrote that her decision only affected the 2018 legislation and did not apply to other aspects of the debate over the rights of eunuchs.
In her judgment, Lady Dorian stated that Lady Wise’s statement was consistently “coercive.”
He added: “The power of these observations remains intact. During the hearing of the reclamation motion, some submissions were made, for example, the Gender Identification Act 2004, criticizing the process involved in obtaining a Gender Identity Certificate.
“Such policy issues are completely out of the scope of the case.”