For Women Scotland Ltd (Appellant) v The Scottish Ministers (Respondent) - UK Supreme Court
Appellant challenges the lawfulness of statutory guidance issued by the Respondent
For Women Scotland (FWS) is a women’s rights campaign group that has been seeking clarification on the definitions of “sex” and “woman” through the Scottish courts since July 2020. They won a judicial review (JR) at appeal in February 2022 where it was ruled that the redefinition of “woman” in the Gender Recognition on Public Boards Act (GRPBA) – to include males with the protected characteristic of gender reassignment – was unlawful and outwith the competency of the Scottish Parliament. The GRPBA was amended to remove the unlawful definition from the primary legislation.
FWS sought a further JR of the statutory guidance to the amended GRPBA. The first instance court ruled that the revised definition of “woman” – to include males who hold a female Gender Recognition Certificate (GRC) – was lawful and consistent with the Equality Act. This was upheld at appeal in November 2023 and it is this decision which is now under appeal to the UK Supreme Court.
Speaking Note for Closing Argument, Aidan O’Neill KC, For Women Scotland
Status
The appeal was heard in the UK Supreme Court on 26 and 27 November 2024. Judgment is not expected for several months.
Live Tweet Threads
26 November 2024 - Morning, Afternoon
27 November 2024 - Morning Part 1, Morning Part 2, Afternoon
Abbreviations
Claimant
FWS/C - For Women Scotland
AO - Aidan O’Neill KC, Barrister
SK - Spencer Keen, Barrister
Respondent
SG/R - Scottish Ministers & the Lord Advocate General
RC - Ruth Crawford, KC, Barrister
LI - Lesley Irvine, Advocate
Intervenors - making oral arguments
SM - Sex Matters, a UK human rights charity
BC - Ben Cooper, KC, Barrister
DW - David Welsh
EHRC - Human Rights and Equalities Commission
JC - Jason Coppel, KC
ZG - Zoe Gannon
Intervenors - not making oral argument
AI - Amnesty International
SL - Scottish Lesbians, the Lesbian Project and LGB Alliance
Frequently used terms
GRA - Gender Recognition Act
EA - Equality Act
SDA - Sex Discrimination Act 1999
GRC - Gender Recognition Certificate
LS - legal sex
S - biological sex
FAP - for all purposes
Written Submissions and Other Relevant Documents
For Women Scotland, Petitioner and Appellant
The Scottish Ministers and The Lord Advocate, Respondent
Intervenors
Commission for Equality and Human Rights (EHRC)
Sex Matters, Human Rights Charity
Scottish Lesbians, The Lesbian Project and LGB Alliance
Other relevant documents
26 November 2024 - House of Commons Library: Research Briefing