For Women Scotland vs the Lord Advocate (Government of Scotland)

Nov 9, 2022

For Women Scotland brought a second judicial review of the Scottish government’s statutory guidance on the Gender Representation on Public Boards (Scotland) Act 2018 due to the addition of a “reference to the Gender Recognition Act”.

The Court of Session ruled in the first judicial review that the definition of ‘woman’ in the Equality Act 2010 is the only definition which the Scottish Parliament could have legislated for in passing the 2018 Act, and stated “provisions in favour of women, in this context, by definition exclude those who are biologically male” and that “by incorporating those transsexuals living as women into the definition of woman, the 2018 Act conflates and confuses two separate and distinct protected characteristics”.

Status

The case was heard over two days, 9 and 10 November 2022 and currently waiting for Judge Lady Haldane's judgement, which may be several months.

Update: On 12th December 2022, and much earlier than anticipated, it was announced that Judge Lady Haldane will deliver her ruling on Tuesday, 13th December 2022.

Update: On 13th December 2022, Judge Lady Haldane delivered her ruling, which found in favour of Scottish government. It was ruled that ‘sex is not limited to biological birth sex’, and that the sex of a person who holds a Gender Recognition Certificate (GRC) is altered in the eyes of the law.

Live tweet threads

9 November morning - Aidan O’Neill KC for FWS begins his submission

9 November afternoon - Aidan O’Neill KC concludes and Ruth Crawford, KC , for Scottish Government begins her submission

10 November Morning - Ruth Crawford KC for Scottish Government concludes, followed by EHRC, Jonathan Mitchell, who beguns his submission

10 November Afternoon - Jonathan Mitchell of EHRC concludes his submission and Aidan O'Neill is given the right to reply

Abbreviations

J: Judge Lady Haldane

Petitioner -

FWS: For Women Scotland

SM: Sindi Mules at Balfour + Manson solicitors for For Women Scotland

AN: Aidan O’Neill KC for For Women Scotland

Respondent -

SG: Scottish Government

RB or RC - Ruth Crawford KC, counsel for Sottish Government

SGLD: Scottish Government Legal Department

Other agent -

DM: Drummond Miller for EHRC

MM: Jonathan Mitchell for EHRC

Other:

EHRC: Equality Human Rights Committee

EA10: Equality Act 2010

EN: Equality Network

LGBA: LGB Alliance

FPFW: Fair Play for Women

GRC: Gender Recognition Certificate

GRA: Gender Reform Act

SDA: Sex Discrimination Act

PC: Protected Characteristic

JR: Judicial Review

Def: Definition

SO: Sexual Orientation

SSS: Single Sex Spaces:

GD: Gender Dysphoria

GR: Gender Reassignment

FM: Freddie Mconnell

TWAW: Trans Women Are Women

TW: Transwoman

TM: Transman

TIS: Trans Inclusive Spaces

Press coverage

Here are links to a selection of relevant press coverage about the latest judicial review sought by For Women Scotland. These links are included without comment and are not endorsed by Tribunal Tweets. This is a sample of coverage only, with most recent first - it is not comprehensive. Please DM our main Twitter account to submit coverage from an established news outlet. Any paywalled article must be archived.

15 Dec 2022

14 Dec 2022

Huffington Post - Trans Women (With A Gender Recognition Certificate) Are Women, Rules Judge

The Times - Someone who never loses out? That’s a man

13 Dec 2022

The Post by Unherd - Sex not limited to biological sex, Scottish court rules

Scottish Sun - GENDER ROW: Trans women can take seats on public boards set aside for women ahead of self-ID Bill

LBC - Trans women can take seats on public boards set aside for women, Scottish judge rules

Daily Mail - Challenge to Scottish Government's definition of a woman is THROWN OUT by judge who says 'sex' is not limited to biological or birth sex

Scottish Herald - Transwomen with Gender Recognition Certificate are legally women rules court

BBC - Government wins legal case over definition of woman

The Times - Definition of woman in Equality Act includes trans, court rules

The Independent - Scottish Government wins case over legal definition of ‘woman’

The Guardian - Trans women can take seats on public boards set aside for women, Scottish judge rules

The National - For Women Scotland lose legal case over definition of 'woman'

[Coinciding with the ruling being delivered today, Cambridge Dictionary updated their definition of women to include men. Articles relating to this are marked [Related]]

(Related) The Telegraph - Cambridge Dictionary updates definition of ‘woman’

(Related) London Evening Standard - Cambridge Dictionary updates definition of ‘woman’ to include transgender people

(Related) The Times - Cambridge Dictionary changes definition of woman

On 27th October 2022, Stage 1 of the Gender Recognition Bill, Scotland was passed. The result of For Women Scotland's case may have a significant impact on this bill. Press coverage on this can be found here.