Scottish Greens abandon gender quotas after Supreme Court ruling

The Scottish Green Party is to suspend its gender-balance system for election candidates, Holyrood has learned.

The decision comes in the wake of the Supreme Court ruling on the meaning of ‘man’ and ‘woman’ in law.

The party has used a trans-inclusive gender-balancing system to achieve a greater number of female candidates in recent contests.

At the last Scottish Parliament election, five of its eight wins went to women in what was the party's best-ever result. Among the number was Alison Johnstone, who gave up her party affiliation after being elected to the role of presiding officer.

But the measure has been under review as part of election strategy considerations, and the Greens’ National Council, has now voted to replace its gender quotas with “alternative measures to support and encourage women, trans and non-binary candidates to stand”.

As part of the move, male members considering candidacy have been asked to step aside. It is unclear whether this will include the incumbent MSPs Patrick Harvie, Ross Greer and Mark Ruskell.

A source said: “The mechanism used by the party was relatively common. This could end up being very messy.”

The National Council is comprised of members from branches, representative groups, and party committees.

Office-bearers broke the news to members less than a fortnight after the Supreme Court ruled that ‘woman’, ‘man’ and ‘sex’ in the UK-wide Equality Act refers to biology, not preferred gender.

Maggie Chapman, Scottish Greens equalities spokesperson, condemned the ruling and narrowly avoided being removed from a key parliament committee after saying at a public protest that  “bigotry, prejudice and hatred” was “coming from the Supreme Court and from so many other institutions in our society”.

But a source told Holyrood that continuing to include trans women on female lists and trans men on male lists could have left the party open to legal challenge.

And, in a statement on the rule change, office-bearers for the Scottish Greens said they had been “considering legal implications and risks” surrounding the party’s trans-inclusive gender-balancing mechanisms, “given the toxic, reactionary culture war that has been waged against our trans community by other parties and parts of the media”.

The move follows recommendations from the Green’s party executive and “a range of alternative measures to support and encourage women, trans and non-binary candidates to stand” will now be adopted. The statement said: “As a proudly feminist party which recognises that trans women are women, and that non-binary people exist and are valid, it was never an option to adopt gender balancing measures which would erase these identities. 

“While we appreciate that the news that the party will not be continuing to implement our previous successful gender quotas for this election will be deeply disappointing to many members, this was not a decision the party came to lightly, or which anyone enjoyed taking. But in the face of global persecution of trans people, and a false discourse which says that equality for one group must come at the expense of another, we are proud that the party has made this decision with solidarity at its heart.”

It is understood that the party’s constitution and selection processes are to be updated, with quotas also expected “for disabled candidates and people of colour”.

The statement said the party is “more committed than ever to support candidates from under-represented groups to stand for selection in a way that feels positive, supportive and safe”, adding: “For men in the party, we are relying on you to take up some of this extra work needed – please consider offering to be a campaign manager rather than a candidate, taking on some extra work in branches so that others can stand, or simply letting people know they have your support.”

The Scottish Greens were contacted for comment.

The party is set to select new leadership, with long-standing co-leader Harvie standing down. Gillian Mackay MSP has emerged as a frontrunner.

Veteran MSP Harvie has said he intends to seek selection in 2026, but faces competition from former NUS president Ellie Gomersall, who is also seeking a top spot on the Glasgow regional list.