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.

Decision Under Appeal

FWS Website Case Page

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

Arnold the Hamster reads the submission from the Scottish Ministers

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

Amnesty International