This action is the latest in a series of challenges brought by For Women Scotland over the definition of 'woman' in Scottish legislation mandating 50% female representation on public boards.
Judges at the UK Supreme Court are considering how women are defined in law in a landmark case brought about by Scottish campaigners. A lawyer acting on behalf of For Women Scotland called on the court to find sex an 'immutable biological state'. Aidan O'Neill KC put forward the argument for FWS in its latest legal challenge against the Scottish government over whether transgender women can be regarded as female for the purposes of the 2010 Equality Act.
The appeal is seeking to overturn a decision by the Scottish courts in 2023 which found that treating someone with a GRC as a woman under the Equality Act was lawful. The Gender Representation on Public Boards Act 2018 is a piece of legislation intended to increase the proportion of women on public boards in Scotland. In 2022, FWS successfully challenged the original act over its inclusion of transgender women in its definition of women.
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