It takes some doing to make a census interesting. So congratulations to the National Records of Scotland (NRS). NRS, which administers the decennial survey, is facing a judicial review over its guidance on the document. On the question of sex, it states that ‘if you are transgender the answer you give can be different from what is on your birth certificate’. That is, something other than your legal sex. Feminist group Fair Play For Women will challenge this guidance at the Court of Session on 2 February.
If this sounds familiar, it’s because similar guidance for last year’s census in England and Wales was challenged at the High Court and found to be unlawful. In response, the Official for National Statistics went ahead with a binary question on sex and an optional question on ‘gender identity’. Fair Play For Women brought the English case and is hoping to have similar success in Scotland.
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