Scotland Times

Saturday, Feb 22, 2025

Census 2021: Judge orders change to sex question guidance

Census 2021: Judge orders change to sex question guidance

Part of the census guidance for England and Wales accompanying the question on a person's sex should be withdrawn, a High Court judge has ordered.

Campaign group Fair Play for Women argued it unlawfully allowed "self-identification" as male or female.

The guidance said people can use the sex listed on their passport - which can be changed without a legal process.

The Office for National Statistics said it was asking the same question on sex it had done since 1801.

After a court hearing on Tuesday, Mr Justice Swift ruled that the guidance should be changed to say individuals should only respond with the answer on their birth certificate or gender recognition certificate - a document which allows trans people to change their legal gender.

A full judicial review will take place next week before the census day, but the judge made the interim order saying he was satisfied the campaign group was "more likely than not to succeed" on its case regarding the legal definition of "sex".

Taking place in England, Wales and Northern Ireland on 21 March, the census aims to provide a snapshot of the population of the country which can then be used to make decisions about services - and which this year will be used to understand the impact of the pandemic.

Scotland's census has been postponed for a year because of the coronavirus crisis.

For the first time, it will include a question about gender identity as well as the one about a person's legally registered sex. The decision had been welcomed by some trans people as a "step in the right direction".

The legal action comes after ministers abandoned plans last year to reform the Gender Recognition Act to allow people to change their birth certificates without a medical diagnosis of gender dysphoria - a process known as "self-identification".

Fair Play for Women, which seeks to defend "the sex-based rights of women and girls", launched a crowdfunded legal action arguing that the census guidance on the question, "What is your sex?" was unlawful. The group called it "sex self-identification through the back door".

The guidance, published in the online census only, said: "If you are considering how to answer, use the sex recorded on one of your legal documents such as a birth certificate, gender recognition certificate, or passport.

"If you are aged 16 years or over, there is a later voluntary question on gender identity. This asks if the gender you identify with is different from your sex registered at birth.

"If it is different, you can then record your gender identity."

The guidance opposed by Fair Play for Women only appears online - not on the paper form
Fair Play for Women had argued that, unlike a birth certificate, a person's sex on a passport or other legal document such as a driving licence can be altered without a formal legal process.

They argued this could potentially have the effect of "distorting" the data gathered in the census.

The Office for National Statistics argued that the question on sex could refer to a person's sex as recorded in any document provided by the state.

Speaking before the hearing, Dr Nicola Williams, director of Fair Play For Women, said: "If we don't have good data on sex we can't monitor inequalities due to sex, and if we can't measure it, we can't make good policies to remedy it."

The Office for National Statistics said most people did not need help to answer the question on sex but it would update the guidance to advise people to use the sex recorded on their birth certificate or gender recognition certificate.

A spokesperson for the ONS said: "We are continuing to ask a binary choice, female or male, sex question on the census. This approach is unchanged since 1801."

Newsletter

Related Articles

Scotland Times
0:00
0:00
Close
UK Island Orkney council to look at proposals to become territory of Norway
Woman Awarded Over £100,000 After Being Fired for Transgender Tweet
A provocative study suggests: Left-Wing Extremism and its Unsettling Connection to Psychopathy and Narcissism
A Real woman
Brand new security footage has just been released to the public showing the Active shooter Audrey Elizabeth Hale drove to Covenant Church School in her Honda Fit this morning, parked, and shot her way into the building
China's foreign ministry branch in Hong Kong urges British gov't to stop the biased and double standards Hong Kong report
Double standards: UK lawmakers attack EU chief over Ireland claims
Democracy? Not for UK. UK PM rejects Scottish independence referendum, cancel democracy in BVI
UK urged to brace for economic storm
Women's own body dissatisfaction appears to influence their judgment of other women's body sizes
Prince William To Move Family Into Cottage Near Queen Elizabeth II
BOOOOOOS: Tony Blair receives royal honour
Captured Britons sentenced to death in Ukraine
Barbados PM Mia A. Mottley among Time Magazine’s 100 Most Influential People
Today's headlines
"Just One Of the Boys In School:" Years That Shaped Prince Charles
BVI Premier Rubbishes Claim Of Causing COI Delay
Comments on "Human Intelligence in a Digital Age" - A brilliant Speech by MI6 Chief Richard Moore, and the elephants neglected in the room
Bitcoin: BoE Deputy Gov wants to cancel democracy and protect the banks with regulations which infringe on people’s freedom, independence and benefits they get from their own money.
What are the Pandora Papers?
Taiwan-China relations at their 'worst in 40 years'
The attempt to hold Epik.com accountable for the content of its clients' websites is like blaming Gutenberg for the NYT's fake news that dragged the US into the pointless war against the nuclear weapons Iraq never had
×