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For Women Scotland
AbbreviationFWS
FormationJune 2018; 6 years ago (2018-06)
TypeCampaign group
Registration no.SC669393 (Scotland)
Legal statusNot-for-profit company
Region
Scotland
Director
Trina Budge
Marion Calder
Susan Smith
Websiteforwomen.scot

For Women Scotland (FWS) is a Scottish campaign group that opposes proposed reforms allowing individuals to change their recorded sex in legal documents by means of self-declaration.[1] The group campaigns against changes to transgender rights[2] and has been described as anti-trans,[3][4] as trans-exclusionary radical feminist,[5] and as a "gender-critical feminist group".[6]

For Women Scotland says that proposed changes to the Gender Recognition Act 2004 to allow people as young as 16 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

[edit]

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 "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]

The group has been described as anti-trans[12][13][3][4] and as trans-exclusionary radical feminist.[5]

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

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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].”

Hate Crime and Public Order (Scotland) Act 2021

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See also: Hate Crime and Public Order (Scotland) Act 2021

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

[edit]
See also: 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]

In July 2021, the group announced it would appeal,[21] and in November 2021 the appeal hearing began in the Inner House of the Court of Session.[22] In February 2022, Lady Dorrian found in their favour, ruling that by "incorporating those transsexuals living as women into the definition of woman the 2018 act conflates and confuses two separate and distinct protected characteristics ... Changing the definitions of protected characteristics, even for the purpose of achieving the gender recognition objective is not permitted and in this respect the 2018 act is outwith legislative competence".[23]

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.[24] 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.[25]

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.[26]

In February 2024, the group was granted permission to appeal the Court of Session ruling to the Supreme Court of the United Kingdom.[27][28] Funding for the legal challenge through crowdsourced donations included £70,000 from author J. K. Rowling.[29][30]

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.[31][32][33] Speaking in the debate on Stage 3 of the Bill, Meghan Gallacher, deputy leader of the Scottish Conservatives, said MSPs were "spending parliamentary time today fixing yet another mess that was created by the Scottish government". Referring to women’s groups including For Women Scotland, she added "I am pleased that we have fierce, resilient and brave women right across Scotland who will not tolerate their rights being eroded."[31][32]

Police investigation involving Marion Millar

[edit]

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][34]

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.[35][36]

The "Women's Rights Demo" at the Scottish Parliament

[edit]

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.[37]

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."[37]

Provision of single-sex lavatories in schools

[edit]
See also: Unisex public toilet

In June 2022, the group wrote to the 32 Scottish councils asking that they provide single-sex facilities in schools.[38] 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.[38]

Controversy over "eunuch" as a gender identity

[edit]

In June 2022, the group criticised NHS Scotland for its alignment with the World Professional Association for Transgender Health (WPATH), following the accidental publication on an NHS Scotland website of a Standards of Care document from WPATH that argued for the recognition of "eunuch" as a gender identity.[39][40][41]

Protest against Gender Recognition Reform Bill at the Scottish Parliament

[edit]
See also: Gender Recognition Reform (Scotland) Bill

In October 2022, the group organised a protest against the Gender Recognition Reform (Scotland) Bill at the Scottish Parliament.[42] Speakers included Maya Forstater, Helen Joyce, and Johann Lamont.[43][44] 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."[42] She also tweeted a picture of herself wearing a T-shirt that said, "Nicola Sturgeon . . . destroyer of women's rights".[42] 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".[45]

Battle of Ideas festival

[edit]

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.[46] 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”.

See also

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References

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  1. ^ a b c d e f Brooks, Libby (1 February 2019). "Scottish feminist group says transgender laws risk women's rights". The Guardian. Archived from the original on 22 February 2021. Retrieved 11 August 2021.
  2. ^ Brooks, Libby (2 September 2021). "Protesters against transgender rights changes boo Nicola Sturgeon". The Guardian. Archived from the original on 15 September 2021. Retrieved 15 September 2021.
  3. ^ a b Powys Maurice, Emma (23 August 2021). "Pub manager targeted by sick trolls after calling police on anti-trans group". PinkNews. Archived from the original on 25 August 2021. Retrieved 25 August 2021.
  4. ^ a b c Wakefield, 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.
  5. ^ a b Horne, Marc (24 November 2021). "JK Rowling hails For Women Scotland in trans row". The Times. Archived from the original on 28 November 2021. Retrieved 28 November 2021.
  6. ^ a b c Brooks, Libby (4 June 2021). "Gender-critical feminist charged over allegedly transphobic tweets". The Guardian. Archived from the original on 11 August 2021. Retrieved 11 August 2021.
  7. ^ Johnson, Simon (23 August 2021). "Nicola Sturgeon facing backlash over proposed gender legislation". The Daily Telegraph. London. Archived from the original on 24 August 2021. Retrieved 24 August 2021.
  8. ^ Stephens, Max (9 October 2022). "JK Rowling calls Nicola Sturgeon a 'destroyer of women's rights'". The Sunday Telegraph. Retrieved 9 October 2022.
  9. ^ a b Paciaroni, Sara (20 July 2021). "Women Won't Wheesht: protesters in Glasgow Green are joined by comedy writer Graham Linehan". Herald. Archived from the original on 11 August 2021. Retrieved 11 August 2021.
  10. ^ a b Hyland, Jennifer (6 September 2020). "Women's rights campaigners 'living in fear of trans attack' after vile abuse directed at group". Daily Record. Archived from the original on 4 June 2021. Retrieved 11 August 2021. A campaign group for women's rights in Scotland claims it has been threatened by trans activists.
  11. ^ 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. S2CID 246762983. 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.
  12. ^ "Anti-trans protesters wearing suffragette colours boo Nicola Sturgeon without a hint of irony". Pink News. Archived from the original on 28 November 2021. Retrieved 28 November 2021.
  13. ^ "Scottish court rejects campaign appeal to axe trans inclusion in gender legislation". Gay Times. Archived from the original on 28 November 2021. Retrieved 28 November 2021.
  14. ^ Horne, Marc (24 November 2021). "JK Rowling hails For Women Scotland in trans row". The Times. Archived from the original on 28 November 2021. Retrieved 28 November 2021.
  15. ^ Rowling, J. K. (16 October 2022). "JK Rowling: Sturgeon is deaf to women's concerns over gender ID". The Sunday Times. Retrieved 16 October 2022.
  16. ^ "JK Rowling funds women-only rape help centre in Edinburgh". BBC News. 12 December 2022. Retrieved 28 December 2022.
  17. ^ a b c "The women who wouldn't wheesht: For Women Scotland on gender reform". Holyrood Website. 8 March 2024. Retrieved 14 March 2024.
  18. ^ Hind, Sally (10 March 2021). "Hate crime law changes- a tool to persecute women or create respect for all?". Daily Record. Archived from the original on 10 October 2021. Retrieved 10 October 2021.
  19. ^ Rodger, Hanna (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.'
  20. ^ Rodger, Hannah (11 December 2021). "Equality campaigners to give evidence in landmark gender court case". Herald. Archived from the original on 14 August 2021. Retrieved 14 August 2021.
  21. ^ Leask, David (10 July 2021). "Feminists' legal appeal against trans women being called women". The Times. Archived from the original on 15 September 2021. Retrieved 15 September 2021.
  22. ^ Williams, Martin (3 November 2021). "Scots ministers accused of unlawfully changing the definition of 'women' in court challenge". The Herald (Glasgow). Archived from the original on 4 November 2021. Retrieved 4 November 2021.
  23. ^ Mulholland, James (19 February 2022). "Ministers lose bid to redefine 'woman' for the boardroom". The Times. Archived from the original on 4 March 2022. Retrieved 4 March 2022.
  24. ^ "Second judicial review brought against Scottish government over definition of 'woman'". Scottish Legal News. 22 July 2022. Retrieved 28 December 2022.
  25. ^ Brooks, Libby (13 December 2022). "Trans women can take seats on public boards set aside for women, Scottish judge rules". The Guardian. Retrieved 16 December 2022.
  26. ^ "Campaigners lose definition of 'woman' appeal bid". BBC News. 1 November 2023. Retrieved 26 January 2024.
  27. ^ Hunter, Ross (16 February 2024). "Scottish row over definition of 'woman' to head to Supreme Court". The National.
  28. ^ McKay, Gabriel (16 February 2024). "Supreme Court to hear appeal over definition of 'woman'". The Herald.
  29. ^ Watson, Jeremy (17 February 2024). "JK Rowling donates £70k for legal challenge on defining a woman". The Times.
  30. ^ Sanderson, Daniel (18 February 2024). "JK Rowling donates £70k to challenge ruling that men can become women". The Telegraph. Retrieved 18 February 2024.
  31. ^ a b Boothman, John (21 June 2024). "Definition of a woman is ditched from legislation". www.thetimes.com. Retrieved 21 June 2024.
  32. ^ a b Media, P. A. (20 June 2024). "Definition of woman in public boards Act dropped after court challenge". STV News. Retrieved 21 June 2024.
  33. ^ "Gender Representation on Public Boards amendment passed". Scottish Legal News. 21 June 2024. Retrieved 21 June 2024.
  34. ^ Wade, Mike. "Activist Marion Millar charged with sending homophobic and transphobic tweets". The Times. London. ISSN 0140-0460. Archived from the original on 29 January 2022. Retrieved 14 March 2022.
  35. ^ Gordon, Tom (28 October 2021). "Prosecutors discontinue 'hate crime' case against Scots feminist Marion Millar". The Herald. Archived from the original on 28 October 2021. Retrieved 28 October 2021.
  36. ^ "Scottish prosecutors drop transphobia case against Marion Millar". The Guardian. 28 October 2021. Archived from the original on 25 March 2022. Retrieved 14 March 2022.
  37. ^ a b Gordon, Tom (2 September 2021). "Sturgeon booed by Holyrood demo for 'ignoring women's rights'". The Herald. Archived from the original on 2 September 2021. Retrieved 2 September 2021.
  38. ^ a b Boothman, John (12 June 2022). "Pull chain on unisex school loos, say activists". The Sunday Times. Archived from the original on 12 June 2022. Retrieved 12 June 2022.
  39. ^ Wade, Mike (18 June 2022). "Health chiefs apologise over claim that eunuch should be gender identity". The Times. Archived from the original on 18 June 2022. Retrieved 18 June 2022.
  40. ^ Sanderson, Daniel (15 June 2022). "'Eunuch' should be a gender, according to Scottish NHS". The Daily Telegraph. London. Archived from the original on 16 June 2022. Retrieved 18 June 2022.
  41. ^ Mcilkenny, Stephen (16 June 2022). "Investigation launched after documents published by Scottish NHS in error stated that eunuch should be recognised as formal identity". The Scotsman. Archived from the original on 18 June 2022. Retrieved 18 June 2022.
  42. ^ a b c White, Debbie (7 October 2022). "I'm a real feminist, Nicola Sturgeon says after JK Rowling T-shirt jibe". The Times. ISSN 0140-0460. Retrieved 9 October 2022.
  43. ^ Campbell, Jolene (6 October 2022). "Edinburgh protest against gender recognition reforms outside Scottish Parliament". Edinburgh Evening News. Retrieved 9 October 2022.
  44. ^ Wade, Mike. "Self-ID plan may cause cross-border problems". The Times. Retrieved 9 October 2022.
  45. ^ Wakefield, Lily (7 October 2022). "Nicola Sturgeon shuts down anti-trans misinformation after JK Rowling backs gender law protest". PinkNews. Retrieved 9 October 2022.
  46. ^ Elliards, Xander (4 December 2022). "Row over For Women Scotland director appearing at 'festival of hate' jibe". The National. Retrieved 26 December 2022.
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