"In 2024, following years of legal wrangling, the Supreme Court ruled that a woman is defined by biological sex under equalities law. The Scottish government had argued that transgender people with a gender recognition certificate are entitled to the same sex-based protections as biological women. Ministers accepted the outcome of the ruling and updated guidance on single-sex spaces. Ministers have argued that having a "blanket rule" for inmates could breach human rights law."
"The legal dispute began in 2018, when the Scottish Parliament passed a bill designed to ensure gender balance on public sector boards. FWS complained that ministers had included transgender people as part of the quotas in that law. The Court of Session ruled in 2022 that the definition of sex was "not limited to biological or birth sex". It was that ruling that FWS successfully challenged in the Supreme Court, with ministers paying the campaign group's legal fees."
The Scottish government paid For Women Scotland 242,500 for Supreme Court legal expenses and 150,000 for an earlier Court of Session case, and with its own legal fees has spent at least 766,498 on the litigation. In 2024 the Supreme Court ruled that a woman is defined by biological sex under equalities law. The government had argued that transgender people with a gender recognition certificate should receive the same sex-based protections as biological women. Ministers accepted the ruling, updated guidance on single-sex spaces, and warned that a blanket inmate rule could breach human rights law. The dispute began in 2018 over inclusion of transgender people in public-sector board quotas; a proposed reform to ease legal sex changes was blocked by the UK government and later shelved.
Read at www.bbc.com
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