The definition of sex: For Women Scotland (FWS) Ltd v The Scottish Ministers (2025)

Abstract

This case concerns a legal challenge by For Women Scotland against the Scottish Government’s revised statutory guidance on its Gender Representation on Public Boards (Scotland) Act 2018, which For Women Scotland argued misinterpreted the definition of ‘sex’ under the Equality Act 2010. The case centred on statutory interpretation and whether the term ‘sex’ in the Equality Act should be interpreted in light of the Gender Recognition Act 2004 which allows individuals with a Gender Recognition Certificate to be legally recognised in their acquired gender.