Court of Session (Inner House): Lord Justice Clerk, Lord Malcolm, Lord Pentland, [2022] CSIH 4, 18 February 2022

This was a challenge brought by way of judicial review to the Scottish Government’s decision by way of the Gender Representation on Public Boards (Scotland) Act 2018 to implement certain positive action measures which treated as a “woman” a “person [who] is living as a woman and is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of becoming female.” Continue reading →