Supreme Court ruling: For Women Scotland Ltd v The Scottish Ministers

[Last updated 16/05/25]

My values mean that I support the right for people to be who they are, to live how they wish and to love whoever they love. But when the established legal rights of one person conflict with another, the position either remains conflicted or is resolved by the courts or Parliament. This is the basis of the For Women Scotland case, specifically in respect of the application of rights in the Equality Act 2010.
 
In its judgment on 16 April, the Supreme Court announced it had reached a unanimous decision that the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 refer to biological sex, and that this was the intention of Parliament at that time. It ruled that a Gender Recognition Certificate, whilst a legally approved mechanism to change legal gender, does not change a person’s legal sex for the purposes of the application of rights set out in the Equality Act.
 
I appreciate this is an issue with very strongly held views on both sides of what has become an extremely polarised debate. It is essential that people in positions of authority, such as politicians, speak out about the importance of treating everybody with dignity and respect. Freedom of speech must not descend into harassment, violence or intimidation, no matter how strong our views.
 
I know Ministers will be carefully considering the judgment in detail. In the first instance, the UK Government has acknowledged the clarity this ruling brings. Ministers have restated their commitment to protecting single-sex spaces and have highlighted the importance of making sure clear guidance is available across a range of settings, from healthcare and prisons to sport and single-sex support groups.
 
I would like to echo the words of the Government and the Supreme Court: this case is not about the triumph of one group at the expense of another. While the Supreme Court was clear about the importance of biological sex, it also emphasised that transgender people retain clear protections in law and should be able to live their lives free of harassment and discrimination.