For Women Scotland v Scottish Ministers (Inner House)

In brief

The Second Division of the Inner House dismissed FWS's reclaiming motion, holding that the Gender Representation on Public Boards (Scotland) Act 2018 was within Holyrood's legislative competence and that a GRC changes a person's sex for EA 2010 purposes. Para 42 stated that GRA 2004 s.9(1)-(3) means a person with a GRC 'acquires the opposite gender for all purposes unless there is a specific exception in the GRA [2004]'. The court held that a trans woman with a GRC 'comes within the definition of woman for the purposes of section 11 of the Equality Act'. This decision was reversed by the UKSC in FWS-UKSC-2025 [2025] UKSC 16 (16 April 2025), which held that biological sex governs the EA 2010 definitions. Not citable as authority for current law.

Key provisions

• para-42-reversed — Para 42 — GRC acquisition principle (REVERSED by FWS-UKSC-2025): Lady Dorrian LJC: GRA 2004 s.9(1)-(3) means a person with a GRC 'acquires the opposite gender for all purposes unless there is a specific exception in the GRA [2004]'. A trans woman with a GRC 'comes within the definition of woman for the purposes of section 11 of the Equality Act'. THIS PROPOSITION WAS REVERSED by FWS-UKSC-2025 [2025] UKSC 16.

When relevant

Cite ONLY in chain-completion contexts: (a) explaining the doctrinal history of the FWS litigation; (b) showing what the UKSC reversed; (c) tracing the GRA 2004 s.9 interpretation that was current pre-FWS-UKSC. NEVER cite as current authority for the meaning of 'woman' / 'man' in EA 2010 — that law is FWS-UKSC-2025.