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
16th April 2025 - The UK Supreme Court delivered a unanimous ruling confirming that, under the Equality Act 2010, the legal definitions of "woman" and "sex" refer only to biological sex. This means that men who identify as women, and women who identify as men - even if they hold a Gender Recognition Certificate (GRC) - are not legally considered the opposite sex under this law.
Watch the Supreme court ruling here
Read the judgment, summary and press statement here
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
Press Coverage
For comprensive press coverage go here
16th April 2025
Telegraph - Trans women are not legally women, Supreme Court rules
Evening Standard - Transgender women are not 'women' under equalities law, judges rule
14th April 2025
Times - Trans people who self-identify as women face single-sex space ban
Murray Blackburn Mckenzie - UK Supreme Court case: where could the decision leave the Gender Recognition Reform (Scotland) Bill?
13th April 2025
Scotsman - How can ‘what is a woman?’ be so difficult to answer
12th April 2025
Scotsman - Why Supreme Court may be about to destroy lesbian identity
Times - John Swinney urged to revive self-ID law if gender critical group wins case
16th March 2025
Herald - Supreme Court decision on definition of ‘woman’ imminent
8th March 2025
Sunday Times - Swinney to meet feminist campaigners who oppose SNP trans reforms
30th November 2024
The Scotsman - As SNP government contradicts itself over ‘pregnant men’, the real gender scandal goes unnoticed by Susan Dalgety
The Spectator - Wilbur: ‘I’ve got a certificate that says I’m a sheep.’
29th November 2024
The New Statesman - The Scottish government is ignoring women’s rights by Hannah Barnes
28th November 2024
The Economist - Britain’s Supreme Court considers what a woman is: At last. Britons had been wondering what those 34m people who are not men might be
Talk TV – Fiona McAnena relays the UK Supreme Court case
27th November 2024
Independent - The Supreme Court hearing on what a ‘woman’ is is an existential attack on trans people like me by Robin Moira White
BBC Radio 4 – BBC Radio 4 report on the proceedings from Supreme Court considering the definition of woman
BBC - Judges consider ruling on definition of a woman
26th November 2024
The Herald - Supreme Court to hear case on definition of a woman
Guardian - Supreme court urged to recognise ‘facts of biological reality’ in sex definition case
The Times - Supreme Court examines the biological reality of defining a woman
Scottish Daily Express – 'It's simple and straightforward... men are men and women are women and sex is sex'
New York Sun - UK Supreme Court Grapples With Definition of ‘Woman’ Under Scottish Law in Mirror-Image of Debate Roiling America