For Women Scotland says that proposed changes to the Gender Recognition Act 2004 to allow 16 and 17 year olds to change their legal gender through self-identification “would erode women's rights and would violate the Equality Act 2010.”[1][7] It also says that it supports legislation to support vulnerable groups, provided existing rights are not affected.[1] The group has stated its beliefs "that there are only two sexes, that a person’s sex is not a choice, nor can it be changed".[8]
Foundation and reception
The group was established in 2018 in response to the Scottish Government's plans to reform the Gender Recognition Act.[9] The directors of For Women Scotland are Trina Budge, Marion Calder, and Susan Smith.[10]Magdalen Berns was a co-founder.[10]
A theme in an interview study with members of a "Scottish women's cooperative constellation around the issue of GRA reform and its impact on women's sex-based rights", was that organisations like For Women Scotland and Woman and Girls in Scotland were founded because established women's organisations in Scotland, such as Engender, Rape Crisis Scotland, and Zero Tolerance, were "perceived as running scared of the debate around GRA reform or actively working against gender-critical women in their support of the Scottish government's plans".[11]
In November 2021, author J. K. Rowling hailed the group for its support, tweeting "Thank you, my sisters xxx."[14] In October 2022, writing in The Sunday Times, she described For Women Scotland as "a grassroots feminist group that has emerged as a leading voice for Scottish women over the past few years".[15] In December 2022, Rowling announced that Susan Smith would sit on the board of Beira's Place, a "new women-only support service for victims of sexual violence".[16]
First public meeting in Edinburgh
In February 2019, the group held its first public meeting in Edinburgh. The venue received a bomb threat and had to fly its head of security to Edinburgh from London[17] and attracted an audience of around 300,[17] protested by about 40, and was described by The Guardian as "most public expression in Scotland of increasingly vocal concerns around transgender issues".[1] Susan Smith said:
"We are concerned that the Scottish government is sleepwalking towards a significant erosion of women's rights, both in terms of proposals to reform the GRA to allow self-identification and the failure to prevent other organisations running ahead of the law and adopting policies which are in breach of the Equality Act. We’re not here to quibble about toilets and we’re not here to create trouble for those who have battled crippling gender dysphoria. We welcome extra provisions for other vulnerable groups that don't involve dismantling existing rights. If we cannot see sex, then we cannot see sexism, we cannot define sexuality, and it is the most vulnerable women who will suffer from this."[1]
Critics of the meeting included the Intersectional feminist group Sisters Uncut Edinburgh who said: "While For Women Scot do a sterling job of making transphobia look respectable, their actions and statements do real damage to Scotland's trans and non-binary community."[1] Susan Smith has since said that the campaigning of For Women Scotland “doesn’t mean that other groups can’t work out their rights but if they are only and solely dependent on taking away ours, then that’s not a movement anybody should respect[17].”
During proceedings regarding the bill eventually passed as the Hate Crime and Public Order (Scotland) Act 2021, For Women Scotland presented its concerns regarding free speech to the Justice Committee of the Scottish Parliament: the group feared it could be prosecuted over its position on women's rights and transgender people.[18]
Gender Representation on Public Boards (Scotland) Act 2018
In March 2021, the group lost their judicial review at the Court of Session to remove trans women from the definition of "woman" in the Gender Representation on Public Boards (Scotland) Act 2018, a law intended to grow the number of women on public boards.[4] The Scottish Trans Alliance had intervened, describing the case as "hurtful and pointless".[19][20] The group appealed,[21] and in February 2022, Lady Dorrian found in their favour, ruling that the act was outwith legislative competence.[22] On 20 June 2024, the Scottish Parliament passed the Gender Representation on Public Boards (Amendment) (Scotland) Act 2024, the sole purpose of which was to remove the definition of 'woman' from the Gender Representation on Public Boards (Scotland) Act 2018.[23][24][25]
In July 2022, the group sought a second judicial review, due to a "reference to the Gender Recognition Act" in revised statutory guidance of April 2022 from the Scottish Ministers on the legislation regarding representation on public boards.[26] On 13 December 2022, the Court of Session dismissed the second judicial review and ruled that the Scottish government’s guidance that "woman" includes a transgender woman with a Gender Recognition Certificate is lawful.[27]
In November 2023, the group lost an appeal to the Court of Session, which ruled that trans women who hold Gender Recognition Certificates do count as female for the purposes of the Act.[28] In February 2024, the group was granted permission to appeal the Court of Session ruling to the Supreme Court of the United Kingdom.[29][30] Funding for the legal challenge through crowdsourced donations included £70,000 from author J. K. Rowling.[31][32]
The Supreme Court heard the appeal on 26 and 27 November 2024, with judgment due in "weeks or months".[33][34] For Women Scotland called on the court to find sex an "immutable biological state".[35][36] The Scottish Government argued that someone who had acquired status as a women using a gender recognition certificate was entitled to protections under the Equality Act just as those who were women at birth were.[34]
Police investigation involving Marion Millar
In June 2021, Marion Millar, an accountant from Airdrie who worked for the group as their accountant, was charged in connection with tweets alleged to be homophobic and transphobic, and was interviewed at Coatbridge police station under the Communications Act 2003.[6] A spokesperson for FWS said: "Marion is naturally upset that the police have decided to press ahead with charges. [...] Sadly, in Scotland, it seems both free speech and women's rights are under attack."[6][37]
In July 2021, FWS organised a rally in support of Marion Millar on Glasgow Green, addressed by Graham Linehan, among others.[9]
On 28 October 2021 the Crown Office discontinued all proceedings against Marion Millar pending a review of the case.[38][39]
The "Women's Rights Demo" at the Scottish Parliament
On 1 September 2021, the group organised a demonstration outside the Scottish Parliament, Edinburgh, demanding that the SNP-Green government "protect their sex-based rights". Demonstrators called on MSPs to "respect women's rights, and single-sex spaces and services, and not to allow men identifying as women to use them." The Herald estimated there were 400 people in the main demo, and 100 at a counter-protest.[40]
Marion Calder of For Women Scotland, said: "They need to understand that women won't wheesht, that they need to consider women's rights within any piece of legislation, especially over the next year, whether it is self-ID, GRA reform, the census, or the impact of the Hate Crime Bill and the chilling effect on women's rights and being unable to speak out."[40]
In June 2022, the group wrote to the 32 Scottish councils asking that they provide single-sex facilities in schools.[41] The letter quotes a legal opinion by Aidan O'Neill QC that gender-neutral facilities breach equality law, and claims that they cause distress to female pupils.[41]
In October 2022, the group organised a protest against the Gender Recognition Reform (Scotland) Bill at the Scottish Parliament.[45] Speakers included Maya Forstater, Helen Joyce, and Johann Lamont.[46][47] In support, J. K. Rowling said on Twitter that: "I stand in solidarity with For Women Scotland and all women protesting and speaking outside the Scottish parliament. #NoToSelfID."[45] She also tweeted a picture of herself wearing a T-shirt that said, "Nicola Sturgeon . . . destroyer of women's rights".[45] In response, First Minister Nicola Sturgeon said ""I’ve spent my entire life campaigning for women’s rights and I’m a passionate feminist with lots of evidence behind that… The gender recognition bill which comes before the Scottish parliament in a couple of weeks time is about reforming an existing process. It doesn’t give any more rights to trans people, and it doesn’t take any more rights away from women".[48]
Battle of Ideas festival
In December 2022, the group were criticised by Scottish Green MSP Maggie Chapman after sharing a platform with members of the Scottish Family Party at a Battle of Ideas festival event in Glasgow.[49] In response, a spokesperson for the group stated that videos from the event would be released for people “who actually wish to judge based on facts rather than smears”.
^ abcWakefield, Lily (23 March 2021). "Scottish anti-trans group's bid to block to trans inclusion". PinkNews. Archived from the original on 11 August 2021. Retrieved 11 August 2021. The anti-trans pressure group For Women Scotland has lost a legal battle to have trans women removed from a government act designed to increase the number of women on public boards.
^Pedersen, Sarah (2022). "They've got an absolute army of women behind them: the formation of a women's cooperative constellation in contemporary Scotland". Scottish Affairs. 31: 1–20. doi:10.3366/scot.2022.0394. S2CID246762983. Archived from the original on 28 August 2021. Retrieved 28 August 2021. A further clear theme that arose frequently in the interviews was criticism of the funded and established women's organisations in Scotland and the UK, which were perceived as either running scared of the debate around GRA reform or actively working against gender-critical women in their support of the Scottish government's plans. These are the organisations, such as Engender, Rape Crisis Scotland and Zero Tolerance, referred to above by the politician who tried to bring in voices from the other side of the debate to respond to Parliamentary inquiries. Rape Crisis Scotland, for example, supported the Government's original refusal to replace 'gender' with 'sex' in the Forensic Services bill, and was heavily criticised on social media and by newspaper columnists for so doing. Interviewees stated that they felt let down by these organisations, who they perceived as not representing their views. Thus they had started their own organisations, such as For Women Scotland or Women and Girls in Scotland.
^Rodger, Hannah (24 November 2020). "Equality campaigners challenge 'hurtful and pointless' legal case against Scottish Government". Herald. Archived from the original on 14 August 2021. Retrieved 14 August 2021. Vic Valentine, manager of Scottish Trans, explained: 'If the court throws out this legislation it will set back the rights of all women – not just trans women – to take part in public life in Scotland. We believe all women should have their voices heard by public bodies, and trans women should not be singled out to be excluded. [..] To our knowledge, there are also currently no trans people serving on public boards anywhere in Scotland, which makes this attack particularly hurtful and pointless.'
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