Transgender people in Scotland can now self-identify in the country’s census without a gender recognition certificate.
The decision comes after the Fair Play for Women group filed a complaint against the inclusive question.
In their filing, the anti-trans organisation argued that the government was practising “unlawful conduct”.
On 17 February, judge Lord Sandison announced that he dismissed the conservative complaint – which was 14 days after the initial court hearing.
“In the modern age, where social change has meant that such issues are much more openly and widely discussed and debated, I would find it impossible to find that the word ‘sex’ in a statute enabling the general population to be asked questions for the wide and general purposes for which a census is conducted falls to be regarded as restricted in the sense for which the petitioner contends,” he explained.
“Rather, I would accept the suggestion that biological sex, sex recognised by law, or self-identified (or ‘lived’) sex as at the date of the census are all capable of being comprehended within the word.”
LGBTQ+ activists have since come out to praise the court and its decision.
Vic Valentine, the manager of Scottish Trans Alliance, welcomed the ruling in a statement.
“We are pleased that Lord Sandison has held that the guidance produced to go alongside the census is lawful. Scotland’s census is meant to count everyone in Scotland as who they are on Census Day, and the guidance provided reassures trans men and trans women that this is the same for them as it is for everyone else,” Valentine said.
“This is an important decision: clearly stating that all trans men and trans women are able to be counted on the census as who they are, not just those who have changed the sex on their birth certificate.
“We believe trans men and trans women who have not changed the sex on their birth certificate have the right to have their identity respected, recognised, and counted too, and welcome this decision.”
While the decision was welcomed by LGBTQ+ advocates, the Fair Play for Women group announced their plans to file an appeal.
“The guidance proposed for the sex question will jeopardise the collection of accurate data on sex in the Scottish census and erodes the harmonisation of data collected via censuses across the UK,” they said.
With the upcoming census remaining intact, people will be asked “what is your sex?” alongside a trans-inclusive guidance.
“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,” the form will read.
Scotland’s mandatory census day is set to take place on 20 March. The online form will be available starting from 1 March.
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