Groundbreaking Supreme Court Definition of Women
In April 2025, the Supreme Court delivered its ground-breaking judgement in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, a case involving statutory interpretation of “man”, “woman” and “sex” in the Equality Act 2010 (“EA 2010”). Background Facts The Scottish Ministers issued new statutory guidance in 2022. The new guidance stated that the definition of a “woman” is the same as that in the EA 2010. We keep in mind that Section 212 of the EA 2010 defines “woman” as “a female of any age.” The new statutory guidance also states that a person with a Gender Recognition Certificate (“GRC”) recognising their gender as female is considered a woman for the purposes of the ASP 2018. A GRC is a document that allows trans people to change their gender legally. Essentially, the guidance stated that a trans woman with a full Gender Recognition Certificate (GRC) should be treated as a woman. For Women Scotland Ltd, a feminist organisation, subsequently challenged the statutory ...
