SNP Government challenged in Supreme Court over legal definition of a woman

The Scottish National Party (SNP) Government is currently facing a challenge in the UK Supreme Court over the legal definition of a woman. For Women Scotland (FWS), a Scottish activist group, is disputing the definition of females set forth in the Gender Representation on Public Boards Act passed by MSPs in 2018. The legislation defined a woman as including individuals “living as a woman” or undergoing gender reassignment. FWS brought the case to the Court of Session, which ruled in 2022 that the definition should only apply to biological women.

Subsequently, the Scottish Government amended the bill to remove the specific definition but issued new guidance stating it would align with the Equality Act and the Gender Recognition Act (GRA). FWS contested this guidance in a fresh judicial review, which they lost. The appeal is now at the UK Supreme Court, where judges are being asked to determine the legal definition of a woman.

Aidan O’Neill KC, representing FWS, argued that the definition of sex in the Equality Act should be interpreted in everyday language, referring to biological characteristics rather than legal certificates such as gender recognition certificates. He emphasised the importance of biological reality in determining one’s sex.

The final verdict from the two-day hearing is not expected until next year. Notably, author JK Rowling has supported FWS, stating, “If a man is a woman, there’s no such thing as a woman.”

In summary, the ongoing legal challenge highlights the complexities and debates surrounding the definition of gender and sex in legislation. The outcome of this case will have implications for future discussions on gender identity and equality in Scotland.