The proposal is now open for public consultation until 10 October 2025, with the government stating that the change will give women and girls stronger legal safeguards.
Why Biological Sex Is Being Included
When the Hate Crime Act was first introduced, sex was left out, despite a key recommendation from Lord Bracadale’s independent review that it should be included. Protections were instead granted for characteristics such as sexual orientation and transgender identity.
However, a recent UK Supreme Court ruling clarified that for equality law purposes, sex means biological sex. Following this judgment, ministers have proposed amending the legislation to ensure the law reflects this legal definition.
The decision also comes after the Scottish government abandoned plans for a standalone Misogyny Bill earlier this year, citing time constraints and legal complexities.
Women’s Rights Campaigners Welcome the Move
Ash Regan, Alba Party MSP and former SNP minister who resigned in 2022 over the government’s Gender Recognition Reform Bill, praised the proposal:
“At long last, the Scottish government has recognised what women across Scotland have been saying for years sex matters. Women and girls face unique risks and harms because of their biology, and this announcement is long overdue.”
Marion Calder, director of For Women Scotland, also welcomed the change but criticised ministers for acting too late:
“This should have been included from the start. While we’re pleased sex is finally being recognised, the government’s previous refusal to follow Lord Bracadale’s advice shows why we remain cautious.”
Critics Accuse SNP of Ignoring Core Women’s Rights
Not everyone supports the government’s handling of the issue. Maya Forstater, chief executive of Sex Matters, said the Scottish government’s priorities are misplaced:
“Instead of properly addressing sex-based rights, ministers are ignoring the Supreme Court judgment, placing violent men in women’s prisons and promoting gender ideology in schools. This proposal doesn’t go far enough.”
What the Change Means
The draft regulations define sex as “biological sex”, meaning a person’s sex as recorded at birth. This aligns the legislation with the UK Supreme Court ruling and ensures clarity in legal protections.
Justice Secretary Angela Constance said the move sends a clear message:
“Offences motivated by prejudice or hatred against women and girls will not be tolerated. Adding biological sex to the Hate Crime Act gives women and girls the same protections as those targeted for their religion, age, disability or ethnicity. Men and boys will also be protected, but women and girls are likely to benefit most from these changes.”
Key Facts
- Law affected: Hate Crime and Public Order (Scotland) Act 2021
- New proposal: Add biological sex as a protected characteristic
- Definition: Sex at birth, following UK Supreme Court ruling
- Consultation deadline: 10 October 2025
- Impact: Strengthens legal protections, especially for women and girls
