SNP Government challenged in court over legal definition of a woman

The SNP Government in Scotland is facing a legal challenge in court over the legal definition of a woman. For Women Scotland (FWS), a Scottish group of activists, has taken their appeal to the UK Supreme Court, questioning what legally constitutes a woman. The challenge stems from the Gender Representation on Public Boards Act passed by MSPs in 2018, which aimed to increase female representation in executive roles. The legislation defined a woman as including individuals “living as a woman” and undergoing or intending to undergo gender reassignment. FWS contested this definition in the Court of Session, where judges ruled in 2022 that it should only apply to biological women.

Following this ruling, the Scottish Government amended the bill to remove the definition, but later issued new guidance stating that it would include women as defined by the Equality Act and the Gender Recognition Act. FWS brought a fresh judicial review against this guidance, which was unsuccessful. The group is now challenging a ruling by Judge Lady Haldane that sex is not limited to biological or birth sex but also includes individuals with a gender recognition certificate. Aidan O’Neill KC, representing FWS, argued that the definition of sex in the Equality Act should be based on biological reality rather than legal fiction.

The two-day hearing at the Supreme Court will determine the final ruling, expected next year. Notably, author JK Rowling, a donor to FWS, has spoken out against the blurred definition of womanhood. The outcome of this legal battle will have significant implications for gender identity and equality laws in Scotland.

In summary, the legal challenge presented by For Women Scotland to the UK Supreme Court against the SNP Government’s definition of a woman highlights the complex and evolving nature of gender legislation in Scotland. The outcome of this case could have far-reaching implications for future policies and legal interpretations surrounding gender identity and equality.