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Scottish Government ordered to pay costs after landmark gender ruling over definition of ‘woman'
Scottish Government ordered to pay costs after landmark gender ruling over definition of ‘woman'

Scottish Sun

time27-05-2025

  • Politics
  • Scottish Sun

Scottish Government ordered to pay costs after landmark gender ruling over definition of ‘woman'

It comes after a three-year battle from feminist campaigners FOOT THE BILL Scottish Government ordered to pay costs after landmark gender ruling over definition of 'woman' THE Scottish Government has been ordered to cough up costs to feminist campaigners after losing a high-profile legal fight over the definition of a woman. Taxpayers are set to foot the bill, with For Women Scotland (FWS) expecting to recover around £250,000 of the £417,000 spent on the gruelling three-year court battle. Advertisement 4 Marion Calder, right, and Susan Smith, left, from For Women Scotland, celebrate outside after the U.K. Supreme Court Credit: AP 4 A court order has ruled the Scottish Government must pay FWS's costs and expenses Credit: Rex 4 The decision has sparked outrage amongst transgender communities Credit: Lesley Martin 2025 A court order issued on Tuesday confirmed the payout, which covers expenses from both the Court of Session and the UK Supreme Court. Last month, FWS emerged victorious when five Supreme Court judges unanimously ruled that the Equality Act defines a 'woman' as based on biological sex – a major blow to the Scottish Government's stance. The ruling also confirmed that a Gender Recognition Certificate (GRC) does not alter a person's sex under the Equality Act. The legal saga began in 2017 when the Scottish Government introduced the Gender Representation on Public Boards Bill, designed to boost female representation. Advertisement The legislation controversially included trans women – even those without a GRC – under the definition of 'women.' Outraged by the move, FWS argued the definition clashed with the Equality Act 2010, which provides sex-based protections for biological women. Despite an initial defeat, they won on appeal in 2022, with judges declaring that biological sex could not be redefined. The Scottish Government revised its guidance, while claiming GRC holders change their legal sex. Advertisement FWS made another legal challenge, insisting that 'sex' in the Equality Act refers strictly to biological sex – a position now upheld by the Supreme Court. Today's order states that the Scottish Government is 'liable for the appellant's costs in the Supreme Court, to include the costs of one leading and one junior counsel, assessed on the standard basis if not agreed'. It is also responsible for the expenses of FWS. The Scottish Conservative Party previously revealed with a Freedom of Information request that the Scottish Government had already spent almost £160,000 on legal costs associated FWS's judicial review. Advertisement And former SNP MP Joanna Cherry wrote on X, said the order: 'underlines the clarity of the Supreme Court's judgment and provides a timely reminder for the foolhardy that generally expenses follow success'.

Scottish Government ordered to pay costs after landmark gender ruling
Scottish Government ordered to pay costs after landmark gender ruling

Daily Record

time27-05-2025

  • Politics
  • Daily Record

Scottish Government ordered to pay costs after landmark gender ruling

A court order, which was issued on Tuesday, confirms that taxpayers will cover costs incurred at both the Supreme Court and the Court of Session. The Scottish Government has been ordered to pay costs and expenses to For Women Scotland after they brought a landmark legal case over the definition of a woman to the UK's highest court. A court order, which was issued on Tuesday, confirms that taxpayers will cover costs incurred at both the Supreme Court and the Court of Session. Previously the campaign group said it expected to recoup about £250,000 of £417,000 it spent on the case in costs. ‌ The Supreme Court ruled that a Gender Recognition Certificate (GRC) does not change a person's sex for the purposes of the Equality Act in a unanimous decision last month. They concluded that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender. ‌ For Woman Scotland revealed a screenshot of the court order - which marked the culmination of a legal dispute that began in 2017 - in a post on X. The dispute was sparked when the Scottish Government introduced the Gender Representation on Public Boards Bill, aimed at boosting female representation. The law was amended to include trans women — including those without a GRC — as 'women'. For Women Scotland challenged this. They argued that the definition conflicted with the Equality Act 2010, which provides sex-based protections for biological women. The group, after an initial defeat, won on appeal in 2022 as judges ruled that biological sex could not be redefined. The Scottish Government then revised its guidance to state that GRC holders change their legal sex - however, For Women Scotland launched a second legal challenge, maintaining that 'sex' in the Equality Act refers to biological sex. The Outer House and the Inner House ruled in favour of Scottish Ministers - but the Supreme Court ultimately overturned those judgments. ‌ The court order explicitly states that 'a person whose acquired gender is the female gender by virtue of a Gender Recognition Certificate issued under the Gender Recognition Act 2004 does not come within the definition of 'woman' for the purposes of sections 11 and 212(1) of the Equality Act 2010'. It adds the same clarification regarding trans men, before specifying that 'woman' in the Gender Representation on Public Boards (Scotland) Act 2018 'refers only to biological women'. ‌ The order further states that the Scottish Government is 'liable for the appellant's costs in the Supreme Court, to include the costs of one leading and one junior counsel, assessed on the standard basis if not agreed'. It is also responsible for the expenses of For Women Scotland. Writing on X, former SNP MP Joanna Cherry KC said: "Final court order underlines clarity of the Supreme Court's judgment and provides a timely reminder for the foolhardy that generally expenses follow success. Now indeed the rights of women (and LGB rights) 'merit some attention'." The Conservative Party previously revealed through a freedom of information request that the Scottish Government had already spent almost £160,000 on legal costs associated with the judicial review brought by the campaign group.

Scottish Government spent £374k on gender court battle
Scottish Government spent £374k on gender court battle

The Herald Scotland

time15-05-2025

  • Politics
  • The Herald Scotland

Scottish Government spent £374k on gender court battle

This figure includes £148,925.00 in counsel fees, £7,552.00 in court fees, and £1,339.30 in miscellaneous costs. These costs came on top of the £216,182.50 reported during the initial judicial review, bringing the total spent to £373,998.80. READ MORE In a unanimous decision, the UK's highest court ruled that a Gender Recognition Certificate (GRC) does not change a person's sex for the purposes of the Equality Act. The justices concluded that the terms 'man' and 'woman' in the legislation refer to biological sex, not acquired gender. The legal dispute began in 2017, when the Scottish Government introduced the Gender Representation on Public Boards Bill, intended to boost female representation. The law was amended to include trans women—including those without a GRC—as 'women'. FWS challenged this, arguing that the definition conflicted with the Equality Act 2010, which reserves sex-based protections for biological women. After an initial defeat, FWS won on appeal in 2022, with judges ruling that biological sex could not be redefined. The Scottish Government subsequently updated its guidance to state that GRC holders change their legal sex. FWS launched a second challenge, maintaining that 'sex' in the Equality Act refers to biological sex. The Outer House and the Inner House both ruled in favour of the Scottish Ministers. However, the Supreme Court subsequently overturned this. In its FOI response, the Scottish Government said the final total is still being determined and will be published once confirmed. READ MORE Scottish Conservative shadow equalities minister Tess White condemned the expenditure, calling it a 'needless and humiliating' use of public money. She said: 'It will rightly stick in the throat of taxpayers that they are picking up a huge legal tab for the SNP's needless and humiliating court defeat. 'John Swinney's party threw good money after bad in a doomed attempt to defend their reckless gender policy which betrayed women. 'They dug their heels in defending the indefensible to the highest court in the land, instead of accepting that gender self-ID was a dangerous fallacy that ignored the legal rights of women and girls. 'The Nationalists' desperation to pander to gender zealots inside and outside their party was shameful and pig-headed. 'Yet, even now, John Swinney will not apologise or issue a new directive to public sector bodies—which adopted self-ID wholesale—on their legal requirement to protect single-sex spaces. That negligence leaves the taxpayer wide open to huge compensation payouts.' The Scottish Government has been approached for comment.

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