LANDMARK CASE- Definition of Sex, 2025

The views expressed by For Women Scotland are not my own and I do not associate myself with them or their remarks.

History of case (3 related acts, actions of the Scottish govt)

Gender Recognition Act (UK) - 2004

• Trans people should be treated according to their acquired gender for all purposes

• Creation of gender recognition certificate

Equality Act - 2010

• Protection of individuals from discrimination based on 9 protected characteristics, 2 of which being gender reassignment and sex

Scottish govt’s actions

• Suggestion that ‘gender reassignment’ should be covered by ‘sex’

• Response to lack of clear guidelines by trying to drive through legislative change in the Scottish plmt

Gender Representation on Public Boards Act (Scotland) - 2018

• Aimed to ensure gender balance on public boards

For Women Scotland (pressure group) - beliefs and tactics

Beliefs

• Promotion of the interests and rights of women in Scotland

• ‘Raise awareness of cultural/health/social/socio-economic issues associated with ordinary women in Scotland’

• There are only 2 sexes

• Sex is not a choice and cannot be changed

• Women are entitled to privacy, dignity, safety and fairness

• Women’s legal rights should be protected and strengthened

Tactics

• Consultations to plmt committees

• Raising of awareness

• Judicial review

For Women Scotland - funding and membership

• Membership - unknown

  • Highest number at demonstration 400

• Funding - unknown

  • JK Rowling reportedly donated £70,000 to the SC appeal

Judicial review case 2018 - For Women Scotland

FWS’s response to PBA 2018

• It’s not possible to change your gender

• ‘Not tying the definition of sex to its ordinary meaning means that public boards could conceivably comprise of 50% men, and 50% men with certificates, yet lawfully meet the targets for female representation’

Scottish Court case 2018

• Lady Haldane ruled that sex also applied to those in possession of a GRC (gender recognition certificate)

2022 Scottish Gender Recognition Reform Bill - key reforms, devolution

• Passed by Scottish plmt

  • Some say the SNP was playing games with trans rights to promote Scottish independence

Key reforms

• Lowering minimum age to 16

• Removing requirement for medical diagnosis of gender dysphoria

Devolution

• January 2023

  • UK govt invoked Section 35 of the Scotland Act 1998 in order to prevent the bill from receiving Royal Assent

  • This is the only time Section 35 has been used since devolution as the govt believed it would adversely affect the operation of the Equality Act 2010 across the UK

  • Laws relating to equalities considered ‘reserved power,’ not a devolved one

Supreme Court Ruling - April 2025

• Ruled that under 2010 Equality Act that sex refers to biological sex not gender identity, GRC or not

• Clarification that single-sex services and spaces can lawfully exclude trans women if it is a proportionate means of achieving a legitimate aim

Impact of SC ruling - April 2025 - Keir Starmer’s response

• Full extent not yet known

  • Trans people still protected under Equalities Act

• Starmer ‘welcomed the clarity’ of the ruling

  • Acted as if it was out of his hands when he knows full well he has the ability to pass a bill to contradict the ruling