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For Women Scotland Launches Fresh Legal Action Against Scottish Government
Background: Supreme Court Victory
Earlier this year, on 16 April 2025, the UK Supreme Court delivered a unanimous judgment in For Women Scotland Ltd v The Scottish Ministers, affirming that in the Equality Act 2010, the terms “woman”, “man”, and “sex” refer strictly to biological sex, and do not extend to individuals with a Gender Recognition Certificate (GRC).
The Court emphasized that while the Equality Act retained protections for transgender individuals under the protected characteristic of gender reassignment, the legal definition of sex remained unaltered.,
The Scottish Government accepted the judgment and pledged to review and amend related guidance, particularly concerning public boards, education, prisons, and other single-sex services.
New Litigation: Tackling Continued Policies
Despite the Supreme Court ruling, For Women Scotland argue that some government policies remain inconsistent with the legal definition affirmed in April. Specifically, they point to:
• Schools Guidance: Policies encouraging transgender pupils to use facilities they “feel most comfortable with,” including single-sex toilets.
• Scottish Prison Service (SPS) Policy: Accommodation guidance that allows transgender women into the female estate under certain risk assessments.
On 17 August 2025, For Women Scotland lodged an ordinary action for reduction (a type of legal challenge aimed at quashing policy) at the Court of Session, seeking to:
• Declare the school and prison guidance unlawful and have them quashed entirely.
• Suspend the policies immediately, pending judgment
The group stated they had “little choice” but to pursue this course, citing the detrimental impact on “vulnerable women and girls” The Scottish Government declined comment, citing the ongoing legal proceedings.
Legal Nuances: Why It Matters
This action follows a swift legal path, using ordinary litigation rather than a judicial review, aiming for a faster resolution. For Women Scotland also indicated they would seek an interim court order to halt the policies while the case proceeds  .
Political and Financial Context
• The original Supreme Court battle was expensive, with legal costs for the Scottish Government reaching nearly £160,000, and earlier expenses adding more—raising taxpayer concerns .
• The controversy underscores deep divisions within Scottish politics—balancing women’s biological rights and trans protections, with both sides citing law and equality values
In Summary
• Supreme Court Ruling (16 April 2025): “Woman”, “man”, and “sex” refer to biological sex only—GRCs do not redefine this under the Equality Act.
• Current Legal Action (Aug 2025): For Women Scotland challenges current Scottish Government policies on school toilets and prison housing, alleging they conflict with the Supreme Court’s ruling.
• Goal: To have these policies declared unlawful and suspended immediately.
Attached is a news article regarding women Scottish launches legal action against Scottish government on gender
Article written and configured by Christopher Stanley
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