Scottish Government wins case over legal definition of ‘woman’

Surrounding this story are a lot of the basic elements of a complex power-struggle which will be familiar in the present and likely to become more so. Consider these,- A Westminster Government with an agenda – keeping hold of power for the benefit of themselves and their friends A number of popular opposition figures who the governing party need to be politically neutralized A section of the populace whose support is needed to maintain power through democratic processes and whose self-interests and fears need to be fostered and manipulated to that end A sub-section of society whose public identity and status can be manipulated through a supportive media, and who represent many of those fears whilst seeming to threaten those interests and therefore can be scapegoated when necessary A connection between a popular opposition figure and that sub-section of scape-goated people which can be used to diminish both, at the same time as distracting from other government mis-uses of power To which we can add,- A self-governing country recently empowered by devolution which has a defensive keen-ness on exercising its ability to adopt enlightened and independent legislation The story of the winter of 2022-3 which illustrates this best, perhaps, is the campaign to pass new legislation in Scotland which would alter the way a Gender Recognition Certificate can be applied for and claimed, and the political fall-out around the legislation’s eventual failure to reach the statute-books. This is another version of the long-running stand-off between proponents of different definitions of womanhood, the difference being that on this occasion the current definition will be voted into law. Otherwise the various details of the Gender Recognition Reform (Scotland) Bill are mainly recalibrations of existing or already proposed qualifications for applying for a Gender Recognition Certificate. In that the debate has not moved on very much and a number of ideas and questions are not, in this heated and personalized atmosphere, being explored, - for example, - - what evidence exists for any risk of increased sexual violence to women from the legislation and the principle it represents - how effective the current law and protocols are in monitoring and preventing sexual violence, with particular reference to sexual offenders - how far the legislation can be usefully applied to Gender-recognition of Masculine Identity - how overlapping ideas of womanhood are a practical reality in society which It could be useful to encourage so that social policy impacts fairly on all gender-variants, whether the variation is consciously-expressed or not. And, of course, there’s more to it all than even that, - but this could be a place to start. If we are not to become embroiled in war, ie, the Gender-War which suits the interest of the governing party in Westminster, we should be exploring common ground not asserting divisions. So while the battle continued the issue of Nicola Sturgeon’s leadership of Scottish Parliament’s ruling majority was raised, implying that the Scottish National Party was less fit to lead if they advanced such a controversial piece of legislation. This was aggravated by the case of Isla Bryson, a transgender woman convicted of rapes carried out before her medical transition, who had been variously housed in a male and a female prison, with all decisions about her status entangled in controversy. Nicola Sturgeon had intervened personally in the decisions about her placement. The Bill was passed and then vetoed by the Westminster Government, already using anti-trans feeling to rally support in the electorate. This appeared as a gesture to protect, and to uphold standards, but was essentially a demonstration of power because, as we know, use of power reinforces power. Then the long-simmering police investigation into Scottish National Party finances and governance was activated and the resulting public arrests and possible revelations caused Nicola Sturgeon to resign as SNP leader. A strategy to reinforce a sense of Tory invincibility, apparently supported by an anxious populace, had achieved a double success. And so it stands, as of summer 2023. The Scottish Government will appeal the veto, Isla Bryson is in a men’s prison, all trans prisoners in Scottish prisons are now subject to individual assessment as to the facility they end up in. What could be learned from developments to date would include,- - the need to inform and engage with various electorates in achieving wide acceptance for a complex piece of policy, something that Nicola Sturgeon is accused of failing to achieve. - the issue of trans prisoners in all prisons needs to be subject of informed debate - if individual choice is factored into legislation it becomes about the need for individual responsibility for personal actions and the penalties for failing to take this. If there is no choice, or not enough, it becomes about good governance and the principles of democracy. If it is not either/or then a means of taking decisions on an individual case basis needs to be developed, combined with a loosening of categories to allow for a great diversity of gender-identities.