25 February, 2022

Judicial Review on Scottish census sex question refused

A judicial review Petition by Fair Play for Women Limited challenging the Scottish Census guidance to allow people to identify as male or female regardless of what is on their birth certificate has been refused at first instance and now on Appeal

Lord Sandison’s Opinion of 17th February 2022 said an answer given in “good faith and on reasonable grounds” should not be seen as false. Lady Dorrian, the Lord Justice Clerk, delivered the Inner House Opinion, published on 24th February 2022, endorsed all the reasoning of the Lord Ordinary.

News coverage from the BBC can be found here. Lord Sandison’s Opinion can be found here. The Inner House Opinion can be found here.

Ampersand’s Douglas Ross QC and Paul Reid, acted for the Scottish Government.

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