SNP courts controversy with comments about ‘pregnant men’ (Image: Getty)
Lawyers for the say references to a woman who is pregnant in the 2010 Equality Act could also apply to a “pregnant man” who had been .
If their status as a “pregnant man” wasn’t recognised, they would “potentially be entitled to bring a claim of direct discrimination on the grounds of gender reassignment”, legal officials said.
It comes as the minority government submits 40 pages of legal documents to the Supreme Court ahead of a landmark ruling next week on the definition of a woman.
Other claims related to the Equality Act suggest that biological males with Gender Recognition Certificates (GRC) could not legally be barred from women-only groups and clubs.
Nicola Sturgeon’s plans to introduce self-ID reforms were vetoed by the UK government (Image: Getty)
Two days of argument will unfold in front of five Supreme Court judges on Tuesday and Wednesday over the Government’s guidance relating to the 2010 act.
The case was brought by the For Women Scotland (FWS) group, which previously successfully campaigned against ‘s self-ID reforms. Ms Sturgeon’s leadership was severely damaged after the UK government vetoed her proposal to introduce gender self-identification on the grounds that it could put women’s safety at risk.
The Scottish Government’s current position is that a transgender person with a GRC is a woman, but the FWS has argued that the term cannot be disentangled from biological sex.
The verdict will put the back in the ideological firing line despite efforts by First Minister to move away from the controversies tied to his precedessors.
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In a speech next week ahead of the Scottish Budget in December, Mr Swinney will tell the country that he is committed to helping “everyone in Scotland thrive”.
The First Minister is expected to say: “I am prepared to roll my sleeves up every single day to properly understand barriers to their progress and to find solutions. In identifying those solutions, I am not looking for quick fixes or sticking plasters.
“I am here to do the hard work, to lay the foundations for lasting improvements to our country, our economy, and our society.
“I do not pretend that this style of government is always headline-grabbing, but I do believe it is effective.
“And, in the long run, I know the results will speak for themselves.”