UK Supreme Court – the judgment
Judgment was handed down by the UK Supreme Court on Wednesday 16th April on For Women Scotland v The Scottish Ministers on the effect of the Gender Recognition Act 2004 on the definitions of “woman” and “man” for the purposes of the Equality Act 2010.
The summary statement of the judgment, read by Lord Hodge, can be viewed on the UK Supreme Court youtube or on the case page.
The judgment holds that the terms “man”, “woman” and “sex” in the Equality Act 2010 refer to biological sex.
171. The definition of sex in the EA 2010 makes clear that the concept of sex is binary, a person is either a woman or a man. Persons who share that protected characteristic for the purposes of the group-based rights and protections are persons of the same sex and provisions that refer to protection for women necessarily exclude men. Although the word “biological” does not appear in this definition, the ordinary meaning of those plain and unambiguous words corresponds with the biological characteristics that make an individual a man or a woman. These are assumed to be self-explanatory and to require no further explanation. Men and women are on the face of the definition only differentiated as a grouping by the biology they share with their group.
266. For all these reasons, we conclude that the Guidance issued by the Scottish Government is incorrect. A person with a GRC in the female gender does not come within the definition of “woman” for the purposes of sex discrimination in section 11 of the EA 2010. That in turn means that the definition of “woman” in section 2 of the 2018 Act, which Scottish Ministers accept must bear the same meaning as the term “woman” in section 11 and section 212 of the EA 2010, is limited to biological women and does not include trans women with a GRC.
Judgment: For Women Scotland v The Scottish Ministers
UK Supreme Court, 16 April 2025
Media and commentary:
15 May 2025, Michael Foran: For Women Scotland: Is Legal Recognition of Biological Sex a Violation of Human Rights?
06 May 2025, Labour Pains: Difficult transition: Jolyon Maugham KC’s identity crisis
02 May 2025, United Nations: Special Rapporteur welcomes landmark UK judgment on sex-based protections
02 May 2025, Alessandra Asteriti: The FWS Judgment, Critiqued, The FWS Judgment, Critiqued – Section 2, The FWS Judgment, Critiqued – Section 3
29 April 2025, Scottish Lesbians: Lesbians respond to the UK Supreme Court ruling
28 April 2025, The Political Party podcast: Julie Bindel
25 April 2025, Peter Daly: For Women Scotland -v- The Scottish Ministers: The Seven Red Flags for Employers
23 April 2025, Double Jeopardy podcast with Karon Monaghan: Womanhood Defined: The UK Supreme Court puts biology and science at the heart of UK discrimination and human rights law and transforms the approach of UK politics to adult human females
22 April 2025, David Green, Head of 12KBW Employment Team: For Women Scotland v Scottish Ministers: four lessons for employers
21 April 2025, Dennis Kavanagh: In praise of the lesbian interveners
21 April 2025, The Times: Ill-informed challenges to Supreme Court decision help nobody
21 April 2025, The Times: Trans row epitomised Looking Glass lunacy
20 April 2025, Express: ‘Disgraceful!’ Fury as women who won Supreme Court gender battle face death threats
20 April 2025, GB News: Andrew Doyle
20 April 2025, The Guardian: The Observer view on Equality Act ruling: A dignified compromise that respects the rights of everyone
20 April 2025, The Observer: The supreme court has carefully ringfenced protections for women. That’s all we wanted
20 April 2025, The Scotsman: Why is ‘sorry’ still the hardest word for politicians proved so hopelessly wrong on gender ideology?
20 April 2025, The Scotsman: ‘We’re going to keep fighting’: How For Women Scotland won its Supreme Court battle – and what comes next
20 April 2025, The Telegraph: Trans activists deface statue of feminist hero Millicent Fawcett
20 April 2025, The Times: John Swinney ‘accepts rule of law’ after Supreme Court decision
20 April 2025, The Times: Fight against the gender madness isn’t over
20 April 2025, Annemarie Ward: The Supreme Court told the truth. That’s what really upset people.
19 April 2025, BBC: The Supreme Court ruling gives clarity – but now comes the difficult part
19 April 2025, Michael Foran: Sex has always meant biological sex
19 April 2025, The Herald: Mark Smith: Men like me need to say sorry
19 April 2025, The Herald: Kevin McKenna with For Women Scotland at the Supreme Court decision
19 April 2025, Scottish Daily Express: Women won… now rip up the Gender Recognition Certificates and sack ministers who won’t follow the law
19 April 2025, The Times: We’re bloody-minded, not bigots: the women who changed gender law
19 April 2025, The Times: SNP criticised for ‘snubbing feminists’ after Supreme Court ruling
18 April 2025, Daily Mail: Nicola Sturgeon’s failure to respond to landmark gender ruling is ‘insulting,’ critics say
18 April 2025, The Guardian: Ruling on ‘woman’ definition at odds with UK Equality Act’s aim, says ex-civil servant (but see Scott Wortley’s response)
18 April 2025, Political Betting: Phallic Drift
18 April 2025, Scottish Daily Express: The shameful cowards who allowed men into women’s sport must face the music for their actions
18 April 2025, Spiked: The Terfs Were Right All Along
18 April 2025, Spiked: ‘We no longer have to pretend that people can change sex’
18 April 2025, The Times: Letters: Court ruling on the definition of a woman
18 April 2025, The Times: Police Scotland to review trans policies after Supreme Court ruling
18 April 2025, The Times: Let’s not downplay this triumph for women
17 April 2025, Gript: A momentous victory for women in the UK
17 April 2025, The Guardian: At last, a moment of clarity – the UK supreme court has upheld the rights of women
17 April 2025, Holyrood: I am woman, hear me roar: The Supreme Court verdict is a victory for common sense
17 April 2025, Holyrood: Supreme Court: EHRC to ‘pursue’ NHS over single-sex services
17 April 2025, Los Angeles Times: U.K. rights commissioner outlines facilities off-limits to transgender women after court ruling
17 April 2025, Scottish Daily Express: Maggie Chapman brands feminist groups ‘dangerous’ after they celebrate Supreme Court victory
17 April 2025, Scottish Daily Express: JK Rowling drops F-bomb in five-word warning to trans lobby as she breaks out the cigars to mark court victory
17 April 2025, Scottish Daily Express: Nicola Sturgeon’s ‘appalling’ handling of women’s rights called out as she has ‘underestimated’ their anger amid continued silence
17 April 2025, Scottish Daily Express: John Swinney under huge pressure to finally end Nicola Sturgeon’s gender self-ID policy due to Supreme Court ruling
17 April 2025, The Telegraph: Trans people ‘should campaign for gender-neutral lavatories’
17 April 2025, The Telegraph: Starmer’s shameful silence on trans court ruling
17 April 2025, The Telegraph: SNP told to ditch trans guidance ‘for good’
17 April 2025, The Times: Equalities watchdog inundated with questions on trans women ruling
17 April 2025, The Times: Patchy response to Supreme Court judgment on trans policies
17 April 2025, The Times: Clarity of trans ruling must translate to official guidance
17 April 2025, Unherd: How women won the gender wars – It took brains, guts and heart
16 April 2025, BBC: Supreme Court backs ‘biological’ definition of woman
16 April 2025, BBC: Women’s campaigners celebrate court win – but what will it change?
16 April 2025, BBC: Westminster’s tortuous battle with the gender question
16 April 2025, BBC Radio 4 World at One: Supreme Court: legal definition of a woman based on biological sex
16 April 2025, The Critic: Sanity prevails on sex
16 April 2025, Daily Mail: JENNY LINDSAY: Women who refuse to back down and prioritise men’s desires…that’s real gender non-conformity
16 April 2025, Daily Mail: The strangers who saved women: Highland farmer, NHS worker and former financial adviser teamed up for historic Supreme Court action
16 April 2025, The Financial Times: Legal definition of a woman refers to ‘biological sex’, UK Supreme Court rules
16 April 2025, The Guardian: Legal definition of woman is based on biological sex, UK supreme court rules
16 April 2025, The Guardian: ‘A huge reset’: gender-critical activists and trans rights campaigners react to supreme court ruling
16 April 2025, The Guardian: What does the UK supreme court’s ruling on definition of ‘women’ mean?
16 April 2025, The Guardian: The supreme court didn’t rule on the definition of ‘a woman’ – this is what its judgment does mean
16 April 2025, The Herald: Supreme Court judgement on definition of a woman
16 April 2025, The Herald: For Women Scotland wins Supreme Court case on woman definition
16 April 2025, The Herald: For Women Scotland: Tears of joy and sadness as ruling delivered
16 April 2025, The Herald: For Women Scotland: Swinney responds to Supreme Court ruling
16 April 2025, The Herald: For Women Scotland: Calls for new guidance after historic ruling
16 April 2025, The Herald: ScotGov accepts legal defeat and will update MSPs
16 April 2025, The Herald: Definition of a woman ruling means gender row here to stay
16 April 2025, The Herald: Joanna Cherry KC: ‘Nicola Sturgeon should apologise’
16 April 2025, Holyrood: ‘Sex’ means biological sex under Equality Act, judges rule
16 April 2025, Holyrood: Defining moment: How For Women Scotland’s Supreme Court fight consumed Scottish politics
16 April 2025, The Law Society Gazette: Clarifying definition of ‘woman’ in the Equality Act
16 April 2025, LBC: Joanna Cherry debates trans activist on Supreme Court gender ruling
16 April 2025, The Scotsman: UK Supreme Court ruling on definition of woman branded ‘abject humiliation for the SNP’
16 April 2025, The Scotsman: UK Supreme Court gender ruling is huge victory for women dismissed as ‘bigots’ by Sturgeon
16 April 2025, The Scotsman: Joanna Cherry: Nicola Sturgeon owes woman an apology following Supreme Court ruling
16 April 2025, The Scotsman: Why UK Supreme Court’s gender ruling is a welcome injection of common sense
16 April 2025, The Scotsman: NHS Fife urged to concede Sandie Peggie case after Supreme Court ruling
16 April 2025, Scottish Daily Express: Scottish Government suffer humiliating defeat over definition of a woman as Supreme Court rules in For Women Scotland’s favour
16 April 2025, Scottish Daily Express: Supreme Court woman definition decision explained: How it impacts Scotland and single-sex services
16 April 2025, Scottish Daily Express: JK Rowling responds to Supreme Court decision with emphatic one-word message
16 April 2025, Scottish Daily Express: John Swinney told someone needs to resign over gender court defeat as Nicola Sturgeon urged to apologise to women
16 April 2025, Scottish Daily Express: Ash Regan says the SNP Government ‘have only themselves to blame’ after Supreme Court defeat
16 April 2025, Scottish Sun: ‘UNANIMOUS DECISION’ Landmark UK Supreme Court rules ‘woman’ means biological female in humiliating defeat for SNP
16 April 2025, Scottish Sun: ‘SO PROUD’ JK Rowling breaks silence after UK Supreme Court rules ‘woman’ means biological female
16 April 2025, Scottish Sun: Full list of SNP Government guidelines that could be overhauled after Supreme Court rules ‘woman’ as biological female
16 April 2025, Spectator: The Supreme Court ruling is a victory for women
16 April 2025, Spectator: Can we go back to calling terfs ‘women’ now?
16 April 2025, Spectator: Why did we need the Supreme Court to tell us what a woman is?
16 April 2025, Spectator: Nicola Sturgeon should apologise to the women of Scotland
16 April 2025, Spiked: Women exist. Get over it!
16 April 2025, The Telegraph: Trans women are not legally women, Supreme Court rules
16 April 2025, The Telegraph: What does the transgender rights ruling mean?
16 April 2025, The Telegraph: Common sense wins the day on the definition of a woman
16 April 2025, The Telegraph: “Woman are owed an apology” – why the struggle continues despite trans court ruling
16 April 2025, The Telegraph: The ‘ordinary women’ who took on the trans lobby … and won
16 April 2025, The Times: Rights groups celebrate Supreme Court ruling on trans women
16 April 2025, The Times: Guttural roar as For Women Scotland celebrate Supreme Court ruling
16 April 2025, The Times: What does the Supreme Court ruling on trans people mean in practice?
16 April 2025, The Times: A historic victory — but did we need a court to tell us what a woman is?
16 April 2025, The Times: The hateful and bigoted bag ladies have been proved right on
16 April 2025, Unherd: Supreme Court’s ‘woman’ ruling is a blow to gender ideology