Scottish Trans joins legal challenge over census guidance

The guidance is provided for those who need it for the question “What is your sex?” and tells trans men and trans women that they can respond with the answer that corresponds with how they live their lives, regardless of what is on their birth certificate. This guidance was also used in 2011.

The organisation Fair Play For Women (FPFW) wants the guidance to be scrapped because, Scottish Trans states, “they object to the fact that it does not force trans men and trans women to answer with the sex recorded on their birth certificate”.

The case is due to be heard by the Court of Session next Wednesday.

Judges have granted Scottish Trans permission to act as third-party interveners, which means it can submit evidence to the court about why it believes scrapping the guidance would be an “unnecessary setback to trans equality and inclusion”.

Vic Valentine, Scottish Trans manager, said: “Trans men and trans women deserve the same dignity and privacy as everyone else. Why should they be forced to reveal personal details about their history or private life before they can take part in the census? This misguided case will send a message to trans men and trans women that they aren’t counted equally in Scotland.

“It makes no sense to ask a trans man who has ‘male’ on his passport and driving licence, who is known as a man at work, and who uses spaces and services for men every day to tick ‘female’ on the census just because that is what is on his birth certificate. We believe that trans men and trans women should be counted as who they are, today, just like everyone else.”

Scottish Trans is represented pro bono by the Scottish Just Law Centre, part of the human rights legal charity JustRight Scotland. Kay Springham QC is instructed as counsel.

Jen Ang, director at JustRight Scotland, said: “We are supporting Scottish Trans to intervene in this case as part of our work to ensure that people living in Scotland who will be affected by potential changes to the law have the chance to explain to our higher courts how that change might impact them. As an organisation, JustRight Scotland aims to help people participate in legal processes where the outcome of a court decision directly affects them.”