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:
- Sex Matters
- Scottish Lesbians/Lesbian Project/LGB Alliance
- Equality and Human Rights Commission
- Amnesty International UK
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