Sex discrimination and human rights - Advocate General for Scotland v MacDonald - The Inner House, Court of Session holds that the Sex Discrimination Act 1975 ("the SDA"), and in particular s.1(1) (a), is concerned with gender, and not with sexual orientation, and that such an interpretation is not incompatible with any of the rights and freedoms guaranteed under the European Convention of Human Rights. Their Lordships also hold, by a majority, that, in applying s.5(3) of the SDA, the appropriate comparator of an ex-serviceman who had been forced to resign from the RAF because of his homosexuality, pursuant to the then policy of the Ministry of Defence, was a homosexual servicewoman.