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4mo ago

Scottish Government Adds 'Sex' to Hate Crime Law, Shelves Misogyny and Conversion Therapy Bills

The move follows a UK Supreme Court ruling on biological sex and shifts focus from standalone legislation to broader hate crime protections.

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Susan Smith and Marion Calder celebrate outside the Supreme Court on April 16, when judges confirmed that the term “woman” refers to biological sex, not gender identity. The decision ended a long-running legal battle between the campaign group For Women Scotland and the Scottish government

Overview

  • The Scottish government has added 'sex' as a protected characteristic under the Hate Crime and Public Order (Scotland) Act, defining it as biological sex per a recent UK Supreme Court ruling.
  • Plans for standalone legislation criminalizing misogyny, developed over four years, have been scrapped, with ministers citing legal complexity and time constraints.
  • A standalone ban on conversion therapy will not proceed this parliamentary term, with the government opting to work with the UK on a broader ban or introduce its own bill by 2027 if necessary.
  • Critics, including women’s rights and LGBTQ+ groups, have condemned the shelving of the misogyny and conversion therapy bills as regressive and a betrayal of prior commitments.
  • This policy shift comes ahead of next year’s Holyrood elections and marks a significant reversal of the SNP’s 2021 stance against including 'sex' in hate crime protections.