Beautiful Virgin Islands

Saturday, Nov 01, 2025

Judge rules in favour of Scottish Government over definition of 'woman'

Judge rules in favour of Scottish Government over definition of 'woman'

A JUDGE has ruled that transgender women with a Gender Recognition Certificate (GRC) can legally be defined as women when it comes to legislation that aims to ensure gender balance on public boards.
In her judgment on the second judicial review of the Gender Representation on Public Boards (Scotland) Act Lady Haldane said:

“The meaning of sex for the purposes of the 2010 Act, 'sex' is not limited to biological or birth sex, but includes those in possession of a GRC obtained in accordance with the 2004 Act stating their acquired gender, and thus their sex."

Last year, campaign group For Women Scotland took the Scottish Government to court over its definition of “women” in the Gender Representation on Public Boards (Scotland) Act 2018.

The intention of the Act is to ensure that non-executive members on public boards are made up of at least 50% women.

Ministers had argued that people who were living as a woman or had gone through or intended to undertake the process of gender recognition could be defined as women within the legislation.

However, For Women Scotland argued that this did not accord to the separate definitions of women and transgender woman in the Equality Act 2010 and expressed fears about its wider implications for single-sex spaces.

The campaign group lost the initial judicial review of the bill in 2021 but were then successful upon appeal.

The Scottish Government then revised the legislation, which now states that the definition of “woman” is defined by the Equality Act 2010 and the Gender Recognition Act 2004.

The guidance states: “Where a full gender recognition certificate has been issued to a person that their acquired gender is female, the person’s sex is that of a woman, and where a full gender recognition certificate has been issued to a person that their acquired gender is male, the person’s sex becomes that of a man.”

In practice, this means that transgender women with a GRC would be considered women under the bill.

But For Women Scotland were not happy with the revision and called for a second judicial review, the results of which Lady Haldane revealed today.

Lady Haldane's judgment on Tuesday stated that while the Equality Act 2010 protects a person's rights based on their sex, the definition of "sex" is not entirely restricted to a person's biological birth sex. 

She concluded that the ability of a GRC to change someone's legal sex "does not offend against, or give rise to any conflict with, legislation where it is clear that 'sex' means biological sex."

Scottish Trans, the trans equality project of the the Equality Network, said the ruling upheld the existing rights of transgender people in Scotland. 

Vic Valentine, Manager of Scottish Trans, said: “We welcome this ruling, which confirms the position as we and many others have understood it to be for well over a decade, and upholds trans people’s existing rights.

"A trans person who receives a GRC might be discriminated against because of their recognised sex, and they would be protected from that discrimination by the Equality Act.

“It is important to add that this ruling does not affect the exceptions in the Equality Act which mean that single-sex services can exclude trans people or treat them less favourably where it is a proportionate means to a legitimate aim, although services are not required to do so.

"They can do that whether or not the trans person has a GRC. In short, the ruling confirms the status quo and the rights of women and trans people under it.”

The Scottish Government has also reacted to the news. A spokesperson said: "We are pleased to note the outcome of this challenge.”

However, For Women Scotland expressed disappointment at the ruling in a statement. 

They said: “At first reading this seems disastrous for women who are seemingly now no longer recognised in law as a sex-class, with distinct requirements of our own.

“We are obviously still analysing the decision and will consider if any further legal action is appropriate in due course.

“There are clear ramifications for the Gender Recognition Reform Bill currently before Parliament and we hope some time will be allowed for MSPs to digest the ruling and its consequences.

“It is now beyond doubt that the Bill is not a simple administration change but does have a wider impact on society."

In court last month For Women Scotland's lawyer, Aidan O’Neill KC, argued that allowing transgender people to change their legal sex with regards to the Equality Act would “run a coach and horses through the preservation of safe spaces for women and single-sex provision for women under the Equality Act".

During debates in the Scottish Parliament regarding the reform of gender recognition in Scotland – which is set to be voted on by MSPs on next week – the Scottish Government has repeatedly argued that making it easier for trans people to obtain a GRC will not impact the protections enshrined for women in the Equality Act 2010, including those regarding single-sex spaces.

But For Women Scotland stated that MSPs were voting on the gender reform legislation “blind” because it would come before the ruling on the judicial review, which was not expected to come until after MSPs had cast their final votes on the legislation on December 21.

Lady Haldane also made clear in her judgment that it referred only to the legislative competence of the Scottish Government in this specific case and should not be considered a ruling on the broader rights of transgender people.
Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
Glamour UK Says ‘Stay Mad Jo x’ After Really Big Rowling Backlash
Former Prince Prince Andrew Faces Possible U.S. Congressional Appearance Over Jeffrey Epstein Inquiry
UK Faces £20 Billion Productivity Shortfall as Brexit’s Impact Deepens
UK Chancellor Rachel Reeves Eyes New Council-Tax Bands for High-Value Homes
UK Braces for Major Storm with Snow, Heavy Rain and Winds as High as 769 Miles Wide
U.S. Secures Key Southeast Asia Agreements to Reshape Rare Earth Supply Chains
US and China Agree One-Year Trade Truce After Trump-Xi Talks
BYD Profit Falls 33 % as Chinese EV Maker Doubles Down on Overseas Markets
US Philanthropists Shift Hundreds of Millions to UK to Evade Regulatory Uncertainty in Trump Era
Israeli Energy Minister Delays $35 Billion Gas Export Agreement with Egypt
King Charles Strips Prince Andrew of Titles and Royal Residence
Trump–Putin Budapest Summit Cancelled After Moscow Memo Raises Conditions for Ukraine Talks
Amazon Shares Soar 11% as Cloud Business Hits Fastest Growth Since 2022
Credit Markets Flooded with More Than $200 Billion of AI-Linked Debt Issuance
U.S. Treasury Secretary Scott Bessent Says China Made 'a Real Mistake' by Threatening Rare-Earth Exports
Report Claims Nearly Two Billion Dollars in Foreign Charity Funds Flowed into U.S. Advocacy Groups
White House Refutes Reports That US Targeting Military Sites in Venezuela
Meta Seeks Dismissal of Strike 3’s $350 Million Copyright Lawsuit
Apple Exceeds Forecasts With $102.5 Billion Q3 Revenue Despite iPhone Miss
Israel's IDF Major General Yifat Tomer-Yerushalmi Admits to Act Amounting to Aiding Hamas During Wartime (Treason)
Shawbrook IPO Marks London’s Biggest UK Listing in Two Years
UK Government Split Over Backing Brazil’s $125 Billion Tropical Forest Fund Ahead of COP30
J.K. Rowling Condemns Glamour UK Feature of Nine Trans Women as 'Men Better at Being Women'
King Charles III Removes Prince Andrew’s Titles and Orders His Departure from Royal Lodge
UK Finance Minister Reeves Releases Email Correspondence to Clarify Rental-Licence Breach
UK and Vietnam Sign Landmark Migration Deal to Fast-Track Returns of Irregular Arrivals
UK Drug-Pricing Overhaul Essential for Life-Sciences Ambition, Says GSK Chief
Princesses Beatrice and Eugenie Temporarily Leave the UK Amid Their Parents’ Royal Fallout
UK Weighs Early End to Oil and Gas Windfall Tax as Reeves Seeks Investment Commitments
UK Retail Inflation Slows as Shop Prices Fall for First Time Since Spring
Next Raises Full-Year Profit Guidance After Strong Third-Quarter Performance
Reform UK’s Lee Anderson Admits to 'Gaming' Benefits System While Advocating Crackdown
United States and South Korea Conclude Major Trade Accord Worth $350 Billion
Hurricane Melissa Strikes Cuba After Devastating Jamaica With Record Winds
Vice President Vance to Headline Turning Point USA Campus Event at Ole Miss
U.S. Targets Maritime Narco-Routes While Border Pressure to Mexico Remains Limited
Bill Gates at 70: “I Have a Real Fear of Artificial Intelligence – and Also Regret”
Elon Musk Unveils Grokipedia: An AI-Driven Alternative to Wikipedia
Saudi Arabia Unveils Vision for First-Ever "Sky Stadium" Suspended Over Desert Floor
Amazon Announces 14 000 Corporate Job Cuts as AI Investment Accelerates
UK Shop Prices Fall for First Time Since March, Food Leads the Decline
London Stock Exchange Group ADR (LNSTY) Earns Zacks Rank #1 Upgrade on Rising Earnings Outlook
Soap legend Tony Adams, long-time star of Crossroads, dies at 84
Rachel Reeves Signals Tax Increases Ahead of November Budget Amid £20-50 Billion Fiscal Gap
NatWest Past Gains of 314% Spotlight Opportunity — But Some Key Risks Remain
UK Launches ‘Golden Age’ of Nuclear with £38 Billion Sizewell C Approval
UK Announces £1.08 Billion Budget for Offshore Wind Auction to Boost 2030 Capacity
UK Seeks Steel Alliance with EU and US to Counter China’s Over-Capacity
UK Struggles to Balance China as Both Strategic Threat and Valued Trading Partner
Argentina’s Markets Surge as Milei’s Party Secures Major Win
×