The Supreme Court has today handed down judgment in For Women Scotland Ltd v The Scottish Ministers allowing For Women Scotland’s appeal. It held that statutory definition of “sex” (and of “man” and “woman”) under the Equality Act 2010 (EA) is biological such that the issue of a gender recognition certificate under the Gender Recognition Act 2004 does not alter a person’s sex for the purposes of the EA. The Supreme Court considered that its interpretation would not cause disadvantage to trans people and explained the scope of the protections against direct discrimination, harassment, and indirect discrimination which trans people have under the EA.
Aidan O’Neill KC, Karon Monaghan KC, Sarah Hannett KC, Raj Desai, and Roisin Swords–Kieley were instructed.
Aidan O’Neill KC acted for the Appellant, For Women Scotland.
Karon Monaghan KC acted for the Interveners, Scottish Lesbians, The Lesbian Project and LGB Alliance.
Sarah Hannett KC, Raj Desai, and Roisin Swords–Kieley acted for the Intervener, Amnesty International UK.