Supreme Court deliberates definition of a woman

UK Supreme Court judges are considering a landmark case concerning the definition of a woman under the Equality Act.

The dispute began with a 2018 Scottish law promoting a 50% female representation on public boards. Initially, the definition of a woman included individuals “living as a woman” and undergoing or planning gender reassignment.

Campaign group For Women Scotland argues the term “woman” should refer strictly to biological sex, citing concerns about single-sex spaces such as sports clubs and hospital wards.

The Scottish government defends its interpretation, referencing the 2004 Gender Recognition Act, which states a GRC changes sex “for all purposes.”

Represented by Aidan O’Neill KC, For Women Scotland argued in court that this has been superseded by the 2010 Equality Act, which safeguards sex-based rights.

Mr O'Neill advocated for a "common sense" interpretation of the terms man and woman, asserting that sex is an "immutable biological state" and that this view is essential to safeguarding women’s rights.

He criticised the Scottish government’s position, arguing it was incorrect to interpret the Equality Act’s reference to sex as referring to legally certified sex rather than biological sex.

Scottish ministers argue that GRC holders must be recognised under their acquired gender for legal protections.

The case could have implications for equalities law in Scotland, England, and Wales. A verdict will be issued later.