** UK Constitutional Law Association re: the Scottish 🏴 Gender Recognition Reform appeal (S35) **
The basics of it imo are:
▫️ it is complex, hard to call
▫️ will be decided by the UK Supreme Court based on Constitutional Law principles first and foremost
▫️ the UK Supreme Court will want to establish clear Constitutional precedents going forward
▫️ I suggest to ignore upcoming legal "hot takes" in the right-wing press from any 'legal talking head' or KC who say this is a no-brainer win for Westminister
"... the unprecedented use of s.35 means that there is considerable uncertainty about how the legal issues will be decided"
"As this case makes its way through the courts, we hope that judges will be equally alive to the dangers to Scottish democracy ... of allowing policy choices allocated to the devolved level to be too easily overturned by the UK Government"
A quick factual summary, as you may prefer to avoid the transphobic language and dogwhistles in the article -
▫️The (Scottish) Court of Session has scheduled a hearing in September 2023 that is expected to last three days
▫️Lady Shona Haldane will preside over the case. She presided in December 2022 in the case confirming that trans women with a GRC are legally entitled to women’s legal protections
▫️Scheduled to take place between Sept 19 to 21 2023, with a fourth day pencilled in on Sept 22 if needed
▫️Paperwork to support the case to be submitted over the summer, before the hearing
Nicola Sturgeon: calling for equality for the LGBT+ community at last night’s 🌈 Rainbow Honours awards ...
“Firstly, the progress towards equality is not linear, it is not one-directional, it can go backwards as well as forwards and this is a moment when we must be strong in making sure it continues to go forwards.
“My rights as a woman are not diminished in any way shape or form by the enhancement of the rights of trans men and women.
“Never let anyone tell you otherwise. This is a moment for unity, a moment for solidarity, a moment for strength and for courage.
"... for as long as there is a breath in my body, and I hope that is for some time yet to come, I will always be an ally.