Supreme Court gender verdict on definition of a woman due - here's what it will mean

A verdict in the UK Supreme Court case on the definition of a woman is due to be given on Wednesday.

This is an ongoing legal row between the campaign group For Women Scotland and the Scottish Government, which could have wide-ranging impacts on a number of pieces of legislation.

Here, The Scotsman looks at what you need to know ahead of the verdict.

Members of For Women Scotland outside the UK Supreme Court. | Zuma Press/Press Association

What is being debated?

The question being debated is “is a person with a full gender recognition certificate which recognises that their gender is female, a ‘woman’ for the purposes of the Equality Act 2010?”

The campaign group For Women Scotland is challenging the guidance issued by Scottish ministers, which suggests a trans woman who holds a gender recognition certificate is female under the Equality Act 2010.

Why is this being debated?

It all stems back to the Gender Representation on Public Boards (Scotland) Act 2018, which sets legal targets for increasing the proportion of women on public boards.

The original act included trans women as women, including those who had not yet undergone gender reassignment surgery, but were planning to.

In 2022, the same year the Scottish Parliament passed the Gender Recognition Reform (Scotland) Bill, For Women Scotland challenged this in the Court of Session and it was found to be unlawful as it dealt with matters that fall outside the legislative competence of the Scottish Parliament.

Following this, Scottish ministers issued new guidance, which said the definition of “woman” is the same as it is under the Equality Act 2010 and said a trans woman with a gender recognition certificate is female.

For Women Scotland yet again challenged this, but it was thrown out by the Court of Session. The group then appealed this to the UK Supreme Court.

When will we receive a verdict?

A verdict is due on Wednesday, April 16. The hearing will be livestreamed.

The court’s president Lord Reed will read a summary of the decision around 9.45am.

What impact could the verdict have?

Potentially quite a lot - not least on the Equality Act 2010 and the Gender Representation on Public Boards (Scotland) Act 2018.

There are also bills being considered by the Scottish Parliament that could be affected.

Over the weekend it was reported that legislation to criminalise misogyny has been paused by Holyrood until a verdict in this court case is reached.

Campaigners argue it could have implications on single-sex spaces such as hospital wards, prisons, refuges and support groups - which could, in turn, have an impact on the ongoing employment tribunal between nurse Sandie Peggie and trans doctor Beth Upton at NHS Fife.

During the hearing in November, the court also heard the decision could affect equal pay claims, maternity policies, sports events and single-sex associations like gay and lesbian clubs.

What did For Women Scotland say?

For Women Scotland was represented by Aidan O’Neill KC. He told the court the “common sense” meaning of the words man and woman should be reflected.

During his evidence session, he also said sex is “an immutable biological state”.

What did the Scottish Government say?

Ruth Crawford KC represented Scottish ministers in this case. She argued the Gender Recognition Act 2004 means obtaining a gender recognition certificate amounts to a change of sex “for all purposes”.

She also said “a person who has become the sex of their acquired gender is entitled to the protections of that sex”.

The Scottish Government won the most recent case in the Scottish courts. In 2022, Lady Haldane ruled the definition of sex was "not limited to biological or birth sex”.