Scottish Govt Accused of ‘Biological Denialism’ in Gender Law Case

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The For Women Scotland group have accused the Scottish government of engaging in “biological denialism” by making transwomen eligible for women-only quotas on public boards.

Lawyers for the For Woman Scotland gender-critical feminist said Scotland’s left-separatist Scottish National Party (SNP) government — roughly equivalent to a U.S. state government — and the Equality and Human Rights Commission (EHRC) were effectively “inventing” a new way of determining a person’s sex.

“You only fall into this rabbit hole of Alice in Wonderland if you insist that sex means certificated sex rather than biological sex. What this case is about isn’t biological determinism, but biological denialism,” argued Aidan O’Neill, challenging government guidance classifying someone with a so-called gender recognition certificate (GRC) should be treated the same as a biological woman.

“The EHRC say it’s within the competence of a sovereign parliament to do whatever it wants, rather like King Canute ordering the waves to return or perhaps to repeal the law of gravity,” O’Neill told the Court of Session.

“It can do what it wants. But it doesn’t change things, in the real world, when it comes to physical, natural, biological facts.”

The lawsuit comes as Scottish Government, led by Nicola Sturgeon MSP, is seeking to pass legislation to make it easier for transgender people in Scotland to acquire a gender recognition certificate through a self-identification or ‘self-ID’ oriented mechanism — a move which will put biological women in danger, according to critics.

“No one denies the importance of furthering trans rights, but as it stands the SNP’s proposals present a real risk to the rights of women, girls and vulnerable young people,” said the Scottish Conservatives spokeswoman on “equalities”, Rachael Hamilton, in somewhat mealymouthed remarks quoted by The Times.

“My colleagues and I will be submitting meaningful amendments to reverse these badly thought-out reforms and fix this shoddy legislation,” she added.

Harry Potter author J.K. Rowling, who has strong ties to Scotland, has been particularly critical of First Minister Sturgeon’s reforms, claiming they will allow “more male-bodied individuals will assert more strongly a right to be in women’s spaces such as public bathrooms, changing rooms, rape support centres, domestic violence refuges, hospital wards and prison cells that were hitherto reserved for women.”

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