Trans people in Scotland will be able to self-identify in census
"An answer provided in good faith and on reasonable grounds would not be a false answer," says Lord Sandison.
Words: Alastair James; pictures: Unsplash
Trans people in Scotland will be able to self-identify in the upcoming census after a judge struck down a challenge by a women’s rights group who wanted to block the move.
People will be able to choose ‘male or ‘female’ without having to have a gender recognition certificate (GRC), which are currently held by less than 1 percent of trans people in the UK.
The judge, Lord Sandison, ruled there was no legal requirement to have proof of a person’s sex to fill out the census, which begins at the end of February and runs till 20 March.
“An answer provided in good faith and on reasonable grounds would not be a false answer”
The advice listed on Scotland’s Census website reads: “If you are transgender the answer you give can be different from what is on your birth certificate. You do not need a Gender Recognition Certificate (GRC).
“If you are non-binary or you are not sure how to answer, you could use the sex registered on your official documents, such as your passport. A voluntary question about trans status or history will follow if you are aged 16 or over. You can respond as non-binary in that question,” it continues.
In delivering his judgment, Lord Sandison says: “An answer provided in good faith and on reasonable grounds would not be a false answer in the relevant sense, even if persons other than the respondent providing it might not think it the ‘right’ answer.”
He adds: “Some transgender people at the very least would not be answering the sex question falsely by stating that their sex was other than that recorded on their birth certificate and the guidance merely acknowledges that.”
The challenge was brought by the group Fair Play for Women, who argued it was unlawful for people to answer with anything other than what was stated on their birth certificate or gender recognition certificate. They have said they will appeal.
Last year a similar challenge for the census in England and Wales was successful and it was ruled that people should answer based on what was listed on their birth certificate or GRC.
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