Scotland’s First Minister, John Swinney, has publicly acknowledged that men cannot become pregnant, according to the Telegraph. Yet, in an astonishing contradiction, the Scottish Government’s lawyers argued the opposite before the Supreme Court.
Ruth Crawford KC – acting for SNP ministers – “told the Supreme Court that people who obtain a gender recognition certificate (GRC) are entitled to the same protections under law as biological women”.
On the 26th of November, Women Scotland, represented by Aidan O’Neill KC, argued in court that the Gender Recognition Act (2004) law was later superseded by the Equality Act of 2010.
But Ruth Crawford KC told the court there was “no express measure” in the Equality Act to affect the GRA’s wording that a certificate changes someone’s sex, “nor is it implied by the purpose of the act”.
The absurdity of this claim has not gone unnoticed. Critics, including For Women Scotland, have called it a “fantasy of legal fiction.”
They maintain that sex is an immutable biological reality, not a concept malleable by administrative documentation. Despite this, the Scottish Government appears determined to entangle itself in convoluted arguments, obfuscating a straightforward issue: pregnancy is, and always has been, a uniquely female biological function.
The Bible says,
Genesis 21:1-23 And the Lord visited Sarah as he had said, and the Lord did unto Sarah as he had spoken…For Sarah conceived, and bare Abraham a son in his old age, at the set time of which God had spoken to him…And Abraham called the name of his son that was born unto him, whom Sarah bare to him, Isaac.
Gender Recognition Certificates and their impact
The Scottish Government’s lawyers insist that GRCs grant individuals the full legal status of the acquired gender, even in contexts where biological distinctions are crucial. For example, a person born female who gets mutilated and receives a “male GRC” could still become pregnant. Yet, in this scenario, they would legally be considered male, leading to the ludicrous assertion of “pregnant men.”
The ramifications are profound. For Women Scotland warns that the legal fiction created by GRCs undermines protections for biological women. If a biological female holding a male GRC is no longer legally recognised as a woman, she could lose access to rights such as maternity leave.
Similarly, the recognition of biological males with female “so-called gender recognition certificates” as women would threaten the integrity of single-sex spaces, including women’s refuges, changing rooms, and prisons.
These changes prioritise ideological commitments over practical and biological realities.
The Bible says,
Psalm 113:9 He maketh the barren woman to keep house, and to be a joyful mother of children. Praise ye the Lord.
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The case against legal fictions
For Women Scotland’s legal challenge underscores the incompatibility of the GRA with the Equality Act 2010, which treats women and transgender individuals as distinct protected categories. The campaign group argues that conflating the two erases critical distinctions and jeopardises women’s rights. A stark example is the claim that women-only associations would be compelled to admit biological males with female GRCs, even if they identify as “lesbians”. This legal framework could effectively dismantle safe spaces designed specifically for women.
Russell Findlay, the Scottish Conservative leader, labelled the government’s arguments as “madness” and a waste of public funds. Joanna Cherry KC, a prominent lawyer and former SNP MP, expressed her disbelief at the government’s insistence on arguing against biological reality in court.
These criticisms highlight the government’s prioritisation of ideological self-ID policies over the rights and safety of women.
Broader implications for the UK
The Supreme Court’s decision on this case will have far-reaching consequences across the UK. If GRCs are upheld as changing legal sex “for all purposes,” the implications will extend beyond Scotland. “Transgender” individuals could gain access to single-sex spaces and protections designed for biological women, fundamentally altering the purpose of these safeguards.
Scottish Government lawyers have argued that such conflicts should be resolved by Parliament, not the courts. Yet, their case underscores the inherent contradictions in the GRA and its application. By blurring the lines between sex and gender, the government risks creating legal and social chaos.
It places the ideological preferences of a minority above the rights of biological women, compromising both common sense and public trust.
Even the Bible says, Psalm 139:13-18 For thou hast possessed my reins: thou hast covered me in my mother’s womb.
Why this is a terrible idea
The Scottish Government’s approach to gender recognition reflects a troubling detachment from biological and legal reality. By asserting that GRCs can redefine sex, they undermine the Bible but also the very protections designed to ensure fairness and safety for women. This not only dilutes the meaning of sex-based rights but also sows confusion in critical areas like healthcare, employment, and law.
Moreover, the government’s willingness to spend vast sums of taxpayer money defending these indefensible positions is an affront to public accountability. The prioritisation of ideological dogma over practical governance highlights a dangerous drift in policy-making. Far from promoting equality, this approach erodes trust in institutions and jeopardises the hard-won rights of women.
Scotland’s leadership must reconsider its stance. Acknowledging biological reality is not only a matter of common sense but also essential for preserving the integrity of law and society. The pursuit of ideological purity at the expense of women’s rights and public funds is a path fraught with peril—one that Scotland cannot afford to tread.
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Read and pray
READ: Levi 18:22; 1 Sam 1:27; Psalm 112:7; Isaiah 7:14; Zech 9:9; Matt 11:28; Mark 10:6-9; John 16:21; Rom 1:26-27; 1 Corinth 6:9-10; 1 Tim 1:10.
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PRAY: Pray the Lord will raise up God-fearing men of truth and integrity.
Pray for Scotland.
Pray for our leaders to lead in wisdom and the fear of God.
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