UK Supreme Court – written cases

Ahead of our appeal being heard in the UK Supreme Court on 26 – 27th November 2024 we are now able to publish our written submission to the court.



Written Case – For Women Scotland

Aidan O’Neill KC and Spencer Keen, Barrister
Submitted: 30 September 2024

Supplementary documents: Statement of Facts and Issues, Appendix to the Appeal

Decision under appeal: FWS v Scottish Ministers [2023] CSIH 37


Briefing: 2 page overview of the background and main legal arguments of our case

Written cases have now also been submitted to the court by the Scottish Ministers and the following four interveners:


Our CrowdJustice fundraiser to cover the legal costs of this case is still open and we would very much appreciate your support.


Media and commentary:

02 January 2025, Scottish Daily Express: SNP Government spend £61k to insist men can become pregnant in gender court case

01 January 2025, The Herald: 2024 was the year women showed us the way to a better world

30 December 2024, The Scotsman: Three for one in my Edinburgh and Lothian Women of the Year – Susan Dalgety

23 December 2024, mrmenno on Youtube: UK Supreme Court to judge if MEN can be lesbians | Interview with Scottish Lesbians

22 December 2024, The Times: How a handful of outraged Scottish women changed our world

12 December 2024, Reality Check Radio (New Zealand): Susan Smith on Challenging Trans Rights Law In Scotland’s Supreme Court – The Battle Over Women’s Equality

12 December 2024, mrmenno on Youtube: Does the LAW even know what a woman is? | Michael Foran Interview

08 December 2024, Holyrood: Women have come no distance at all if our sex can simply be appropriated by men

02 December 2024, Helen Saxby: The Problem with the GRA

02 December 2024, Andrew Doyle: What is a woman?

01 December, The Herald: SNP advancing idea that a man can become pregnant embarrasses us all

01 December 2024, The Times: One person’s blasphemy is another’s religious belief. You can’t ban it

01 December 2024, Daily Record: Mum of Isla Bryson hits back as she refutes trans rapist over claims they wanted to be a girl from age 4

30 November 2024, Jo Phoenix: Reflections on For Women Scotland v Scottish Government from the point of view of a successful claimant

30 November 2024, Scotsman: As SNP government contradicts itself over ‘pregnant men’, the real gender scandal goes unnoticed

29 November 2024, BBC: What is at stake in the Supreme Court gender case?

29 November 2024, New Statesman: The Scottish government is ignoring women’s rights

28 November 2024, The Economist, Britain’s Supreme Court considers what a woman is

28 November 2024, Talk TV, Fiona McAnena from Sex Matters discussing the FWS UK Supreme Court case

28 November 2024, Wings Over Scotland: What Went On

28 November 2024, Scottish Daily Express: John Swinney destroys own government’s gender stance as he issues ‘pregnant men’ verdict

28 November 2024, Unherd: Supreme Court puzzles over definition of ‘woman’

28 November 2024, The Times: Swinney admits that men cannot become pregnant

27 November 2024, Scottish Sun: John Swinney says men cannot get pregnant despite SNP lawyers arguing opposite

27 November 2024, The Herald: Sex changes ‘recognised in law’ with gender recognition certificate

27 November 2024, LBC: Susan Smith discussing our UK Supreme Court case

27 November 2024, The Times: Gender change is a human right, Scotland tells Supreme Court

27 November 2024, The Telegraph: SNP leader forced to admit that men cannot become pregnant

27 November 2024, Independent: How a battle over defining a woman ended up in the UK’s highest court

27 November 2024, Independent: The Supreme Court hearing on what a ‘woman’ is is an existential attack on trans people like me

27 November 2024, Scotsman: Why a verdict on the Supreme Court’s definition of a woman will take until next year

27 November 2024, Guardian: Transgender people have right to be recognised in legally acquired gender, court hears

27 November 2024, Holyrood: Supreme Court: Judges retire to consider meaning of ‘woman’

27 November 2024, JURIST News: UK Supreme Court hears challenge to Scotland gender definition

27 November 2024, BBC News: Judges consider ruling on definition of a woman

26 November 2024, BlackBeltBarrister on Youtube: How did this case reach the UK Supreme Court?!

26 November 2024, GB News: Susan Smith at the Supreme Court

26 November 2024, STV News: Susan Smith at the Supreme Court

26 November 2024 The Times: Supreme Court examines the biological reality of defining a woman

26 November 2024, The Telegraph: Saying sex is biological is not transphobic, Supreme Court hears in gender case

26 November 2024, Guardian: Supreme court urged to recognise ‘facts of biological reality’ in sex definition case

26 November 2024, Scottish Daily Express: ‘It’s simple and straightforward… men are men and women are women and sex is sex’

26 November 2024, Daily Mail: Sex is an ‘immutable biological state’, Supreme Court hears as women’s rights campaign group challenges Scottish government over the definition of a woman

26 November 2024: Daily Mail: JULIE BINDEL: Today our sex risks being obliterated

26 November 2024: Morning Star: Supreme Court judges to consider how women are defined in law

26 November 2024: Spectator: We don’t need the Supreme Court to define a ‘woman’

26 November 2024: The Herald: Sex is an ‘immutable biological state’, Supreme Court appeal hearing told

26 November 2024: The Herald: Supreme Court to hear case on definition of a woman

26 November 2024, Daily Mail: Supreme Court hearing which will determine the definition of a woman begins TODAY – in a case with major implications for female-only spaces

26 November 2024, Independent: UK’s highest court set to rule on definition of a woman

26 November 2024, Scotsman: Gender recognition certificates should be viewed the same as adoption papers – Scottish Government lawyer

26 November 2024, Scotsman: ‘Certificated’ sex described as a ‘legal fiction’ in Supreme Court

26 November 2024, Legal Cheek: What is a woman? Supreme Court hears landmark legal case

26 November 2024, BBC News: Supreme Court hearing case on definition of a woman

25 November 2024, Scotsman: Gender recognition Scotland: Why the definition of a woman is being heard at UK Supreme Court

25 November 2024, Express: SNP says ‘pregnant men’ should have the same maternity rights as women

25 November 2024, Daily Mail: SNP-led Scottish Government set to argue for the rights of ‘pregnant’ men and male-born ‘lesbians’ at the UK’s highest court TOMORROW – in landmark case about the definition of a woman

25 November 2024, Sex Matters: Sex matters at the Supreme Court!

25 November 2024, Joshua Rozenberg KC: What does ‘woman’ mean?

24 November 2024, The Times: Supreme Court trans hearing heralds end of the age of woke

24 November 2024, Alessandra Asteriti: Woman. What is in a word

24 November 2024, Unherd: The SNP is still in denial about ‘pregnant men’

24 November 2024, Scotsman: Crucial legal battle over the definition of a woman is one for our bizarre times

23 November 2024, The Times: Meet the Scottish women taking the gender battle to Britain’s highest court

23 November 2024, The Telegraph: Equality law applies to ‘pregnant men’, SNP tells Supreme Court

23 November 2024, BlackBeltBarrister on Youtube: Why would the Police allow this?!

23 November 2024, Scotsman: How UK’s highest court is about to decide what a ‘woman’ is

22 November 2024, The Telegraph: Equality laws protect ‘pregnant men’, say SNP ministers

22 November 2024, Scottish Daily Express: Madcap SNP Government mention ‘pregnant man’ twice in gender legal submission

22 November 2024, Wings Over Scotland: Telling the truth by mistake

22 November 2024, MurrayBlackburnMackenzie: For Women Scotland vs the Scottish Ministers: making the arguments transparent

22 November 2024, Scottish Legal News: EHRC publishes intervention submission in For Women Scotland Supreme Court appeal

22 November 2024, The Critic: John Swinney’s Isla Bryson moment?

21 November 2024, Michael Foran: What is a woman? The Scottish Government’s case

21 November 2024, MurrayBlackburnMackenzie: For Women Scotland vs the Scottish Ministers: making the arguments transparent

21 November 2024, Holyrood: Scottish Greens are out of touch on answer to ‘what is a woman?’

19 November 2024, MurrayBlackburnMackenzie: Briefing note: For Women Scotland vs the Scottish Ministers, UK Supreme Court, 26-27 November 2024

18 November 2024, Claire Methven O’Brien: The Equality Act 2010 and support services for rape survivors: Does the UK comply with its international human rights obligations?

17 November 2024, Michael Foran: “What is a woman?” in the Supreme Court: Who will win?

17 November 2024, The Times: What is a woman? Five judges will soon decide

14 November 2024, MurrayBlackburnMackenzie: For Women Scotland at the UK Supreme Court: who are the interveners?

13 November 2024, Daily Record: Keir Starmer Government urged to clarify definition of sex by the Tories

09 November 2024, Michael Foran: UK Supreme Court to decide “what is a woman?”

07 November 2024, Legal Feminist: Discrimination law and the experimental method

06 November 2024, Legal Feminist: Sex, peanuts and statutory interpretation

06 November 2024, Double Jeopardy podcast: discussing the UK Supreme Court case with Karon Monaghan KC

04 November 2024, Scottish Legal News: Scottish Lesbians publish written submission ahead of For Women Scotland’s Supreme Court case

22 October 2024, Scottish Legal News: For Women Scotland publishes Equality Act arguments ahead of landmark Supreme Court case

20 October 2024, BlackBeltBarrister on Youtube: UK Supreme Court to decide if Equality Act means Biological Sex

19 October 2024, Michael Foran: For Women Scotland and Female-only services

17 October 2024, Michael Foran: For Women Scotland and “Pregnant Men”

12 October 2024, Michael Foran: For Women Scotland and “Legal Lesbians”

11 October 2024, The Times: Will Labour show it’s learnt a biology lesson?

11 October 2024, Scottish Legal News: Scottish Lesbians to intervene in For Women Scotland’s Supreme Court appeal

09 October 2024, Michael Foran: For Women Scotland and Lesbian Associations

09 October 2024, Labour Heartlands: Gender and the Law: The Vitruvian Woman on Trial

08 October 2024, The Herald: Amnesty joins landmark Supreme Court case on definition of woman

17 June 2024, Michael Foran: Sex in the Supreme Court

28 March 2024, Michael Foran, Law Quarterly Review: Defining Sex in Law

18 February 2024, Daily Mail: JK Rowling donates £70,000 to Scottish feminist campaigners to help their Supreme Court appeal against the definition of ‘woman’

18 February 2024, The Telegraph: JK Rowling donates £70k to challenge ruling that men can become women

17 February 2024, The Times: JK Rowling donates £70k for legal challenge on defining a woman

16 February 2024, The Herald: Supreme Court to hear appeal over definition of ‘woman’

16 February 2024, The National: Scottish row over definition of ‘woman’ to head to Supreme Court

16 February 2024 The Times: Supreme Court to rule on legal definition of ‘woman’ in Scotland