JUDICIAL REVIEW APPEAL: For Women Scotland
FWS appeal their judicial review ruling on the definition of 'woman'
"Does the definition of “woman” under the Equality Act 2010 include biological males who have acquired a Gender Recognition Certificate issued under the Gender Recognition Act 2004?"
In 2022, For Women Scotland brought a judicial review of the revised statutory guidance produced by Scottish Ministers, on the Gender Representation on Public Boards (Scotland) 2018 bill. The guidance stated, that for the purposes of the bill, the word "woman" included men with a Gender Recognition Certificate calling themselves a woman.
FWS contended this was unlawful as “woman” is a sex, and when sex is referred to in the Equality Act 2010, it means biological sex.
Judge Lady Haldane disgreed and found in favour of Scottish government, ruling 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.
FWS are appealling Lady Haldane's ruling on five grounds:
Ground 1 – The Lord Ordinary (refers to Lady Haldane) misunderstood and failed to apply the relevant law as set out in the binding decisions of this court
Ground 2 – The Lord Ordinary misinterpreted and wrongly applied the Equality Act 2010
Ground 3 – The Lord Ordinary misinterpreted and wrongly applied the Gender Recognition Act 2004
Ground 4 – The Lord Ordinary misinterpreted and failed to apply the constitutional concept of implied repeal/disapplication as between earlier and later statutes
Ground 5 – The Lord Ordinary misinterpreted and wrongly applied the Gender Representation on Public Boards (Scotland) Act 2018
Status
FWS’s appeal will be heard in the Court of Session Inner House on Wednesday 4th October at 10.30. It will be live streamed here
Read Tribunal Tweets coverage of the original Judicial Review here
UPDATE: On 1st November 2023, the court of session rejected FWS’s appeal and handed down its judgment. Read FWS’s statement here.
Live tweeting sessions
Wednesday 4th Oct
Morning - part 1 - Aiden O'Neill KC, barrister for For Women Scotland, begins his submissions
Morning - Part 2 - Aiden O'Neill KC concludes his submissions
Afternoon Part 1 - Ruth Crawford KC begins her submissions for Scottish government
Afternoon Part 2 - Ruth Crawford KC concludes submissions and Aiden O'Neill has right of reply
Abbreviations
J: Panel of three judges: The Lord Justice Clerk Lady Dorrian, Lord Malcolm, Lord Pentland
FWS: For Women Scotland
AN: Aidan O’Neill KC for For Women Scotland
SG: Scottish Government
RCC - Ruth Crawford KC, counsel for Sottish Government
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 this case. 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.
[More press from the original Judicial Review here]
5 Nov 2023
The Telegraph - Sunak urged to change law after Scottish court says definition of woman ‘not limited to birth sex’
3 Nov 2023
The Times - For Women campaigners lose gender recognition challenge
The Critic - Scottish silliness on sex
2 Nov 2023
Evening standard- Feminist campaign group loses legal battle over definition of word ‘woman’
1 Nov 2023
Sex Matters - Court rules that GRC changes sex for the Equality Act
The National - For Women Scotland lose Court of Session appeal over woman definition
Unherd - Scottish feminists lose appeal on definition of ‘woman’
Independent - Feminist campaign group loses legal battle over definition of word ‘woman’
Herald - For Women Scotland lose court appeal over definition of woman
BBC - Campaigners lose definition of 'woman' appeal bid
Holyrood - Definition of ‘woman’ includes trans women with GRC, court rules
The Times - For Women campaigners lose gender recognition challenge
Pink News - Gender critical group For Women Scotland lose, again, in latest anti-trans court case
Scottish Greens - COURT OF SESSION VERDICT AN IMPORTANT DAY FOR TRANS RIGHTS
4 Oct 2023
BBC (updated from 3rd Oct 2023) - Appeal over Court of Session ruling on definition of 'woman'
Holyrood - Court hears appeal over definition of ‘woman’
STV News - Appeal over ruling on definition of 'woman' at Scotland’s supreme court
Scottish Herald - Scottish Government's definition of woman is 'unworkable', court told
3 Oct 2023
BBC - Appeal over Court of Session ruling on definition of 'woman'
18 June 2023
For Women Scotland - Judicial Review Appeal
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
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'