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In a unanimous and refreshingly rational judgement, the justices in For Women Scotland Ltd vs The Scottish Ministers make clear that the word ‘sex’ in the Equality Act 2010 means exactly what it says – male and female, as determined by biology. It’s a landmark victory for women’s rights, and a resounding humiliation for the Scottish ministers who thought they could rewrite reality.
According to the Scottish government’s guidance, any man with a gender-recognition certificate (GRC) could be considered a woman for the purposes of the quota. If this interpretation had stood, it would have set a precedent whereby any single-sex space – such as rape shelters, hospital wards or prisons – could be open to men, provided they had paid a fiver for a piece of paper declaring them to be female.
In concrete terms, this ruling reaffirms the legality of excluding men – including those with GRCs – from women-only shortlists, services and spaces. It’s a clear rebuke to the idea that ‘woman’ is merely a self-declared identity, reinforced by legal paperwork.
Today’s ruling is a vindication. It’s proof that biology is not bigotry, and that no amount of bureaucratic fiction can turn a man into a woman. The Supreme Court hasn’t just restored legal clarity – it has also reminded the country that reality isn’t up for negotiation.
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