Gender critical litigation: reconciling Fair Play for Women and For Women Scotland

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Abstract

This case comment considers two recent decisions of the Court of Session in cases brought by "gender critical" activist groups - Fair Play for Women and For Women Scotland. This article argues that, despite appearances, the Court of Session’s decisions in these two cases can be reconciled in straightforward legal terms. In addition to highlighting the use of crowdfunded litigation by gender critical activists, I argue these cases represent a good opportunity for public lawyers to reappraise our understandings of “public interest litigation,” more consistently to recognise the contested character of legal actions supported by popular crowdfunding online.
Original languageEnglish
Pages (from-to)458-467
Number of pages10
JournalEdinburgh Law Review
Volume26
Issue number3
DOIs
Publication statusPublished - 4 Oct 2022

Keywords

  • gender critical feminism
  • census
  • judicial review
  • crowdfunding
  • crowdfunding litigation
  • transgender rights

ASJC Scopus subject areas

  • Cultural Studies
  • Law
  • History

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