UK Supreme Court Decision in For Women Scotland Ltd v The Scottish Ministers [2025] supports women’s biological definition

Background

The case was brought by feminist organisation group For Women Scotland Ltd, challenging statutory guidance issued under the Gender Representation on Public Boards (Scotland) Act 2018. The Scottish Government’s guidance had stated that transgender women with a GRC should be included in the definition of “woman.”

Although Section 9(1) of the Gender Recognition Act 2004 states that a transgender person with a Gender Recognition Certificate (GRC) is legally recognised in their acquired gender “for all purposes,” under Section 9(3), this provision is subject to provision made by ‘any other enactment or any subordinate legislation.’

The Court held that the Equality Act 2010 (EA 2010) is inconsistent with Section 9(1) of the Gender Recognition Act 2004. As a result, Section 9(3) applies. Therefore, it has been concluded that, within the context of the Equality Act, terms such as “man,” “woman,” and “sex” refer to biological sex.

Decision

Delivering the judgment, Lord Hodge stressed that the ruling should not be viewed as a victory for one group over another. He reaffirmed that the EA 2010 continues to offer strong protections for transgender individuals under the protected characteristic of gender reassignment, which prohibits discrimination, harassment, and victimisation.

The Court held that allowing GRC acquired sex to override biological sex in statutory definitions would undermine the coherence of the EA 2010, particularly in areas such as pregnancy, maternity rights, and single sex spaces. It also highlighted the potential inequality it could introduce within the transgender community, by giving enhanced rights only to those holding a GRC.

Conclusion

The Supreme Court has concluded that the terms “sex,” “man,” and “woman,” in the EA 2010 refer to biological sex. The EA 2010 makes provision within the meaning of section 9(3) of the GRA 2004, displacing the rule in section 9(1). Therefore, the Scottish Government’s guidance was deemed incorrect, and the definition of “woman” in the 2018 Act is limited to biological women.