Scotland’s First Minister has said his Government “accepts” the UK Supreme Court ruling on biological sex, adding “protecting the rights of all” will inform its response.
The court handed down its judgment on Wednesday, concluding references to women in the 2010 Equality Act mean those born biologically female.
The decision – the result of a series of challenges campaign group For Women Scotland brought against the Scottish Government – is likely to have far-reaching implications, including on access to single-sex spaces.
The case initially revolved around the Scottish Government’s Gender Representation on Public Boards (Scotland) Act, but eventually widened to encompass the legal definition of a woman under the 2010 Equality Act.
The Scottish Government accepts today’s Supreme Court judgement. The ruling gives clarity between two relevant pieces of legislation passed at Westminster. We will now engage on the implications of the ruling. Protecting the rights of all will underpin our actions.
— John Swinney (@JohnSwinney) April 16, 2025
John Swinney posted on X: “The Scottish Government accepts today’s Supreme Court judgement.
“The ruling gives clarity between two relevant pieces of legislation passed at Westminster.
“We will now engage on the implications of the ruling.
“Protecting the rights of all will underpin our actions.”
Finance Secretary Shona Robison later said the Scottish Government is “keen” to work with UK ministers on reforms to gender legislation, but reiterated the Scottish Bill passed in 2023 – and subsequently blocked by the previous Westminster government – would not be brought back.
Speaking outside the court on Wednesday, former SNP MP Joanna Cherry KC called on both the First Minister and Prime Minister Sir Keir Starmer to “make sure the law is obeyed”.
She told the PA news agency: “I’m calling on my former colleague, John Swinney, the First Minister of Scotland, and on the British Prime Minister, Keir Starmer, to respect this judgment and to do what they say that they do.
“They both say they believe in women’s rights and they believe in women’s rights to single-sex spaces.
“If they mean that then they need to make sure that public policy changes to respect the fact that women means biological women and lesbian means women who are sexually attracted to women.
“Men are not included within those categories.”
The outcome of the case comes after years of public and political wrangling in Scotland over gender, sparked by the Scottish Government’s push for reforms under Nicola Sturgeon’s tenure as first minister, which were blocked by the previous UK government.
Ms Cherry – an outspoken opponent of the reforms – said Ms Sturgeon owes “the women of Scotland an apology”.
She said: “I’ve had to put up with my own party leader, Nicola Sturgeon, calling me a bigot and a transphobe for sticking up for the rights of women and lesbians.
“I think she owes all of us, not just me, and more importantly the women of Scotland, an apology.”
While Ms Sturgeon has publicly criticised some in the gender critical movement in the past, claiming in 2023 they “cloak themselves in women’s rights” to hide prejudice, she does not appear to have said so about Ms Cherry.
Scottish Conservative leader Russell Findlay said the ruling was a “victory for women across the United Kingdom” and an “abject humiliation for the SNP”.
He added: “John Swinney now needs to respect women’s rights and get rid of the dangerous gender policies which have become embedded in Scotland’s public institutions.
“This ruling should sound the death-knell once and for all for Nicola Sturgeon’s reckless self-ID plans, which Labour, the Liberal Democrats and the Greens shamefully backed to the hilt at Holyrood.
“John Swinney must stop obsessing about gender and get back to the day job of delivering better public services and a stronger economy.”
Since taking office last year, Mr Swinney has generally steered clear of gender issues, which had been divisive both in his party and among the wider public.
In recent months, focus has turned to NHS Fife after veteran nurse Sandie Peggie took the board to an employment tribunal following her suspension after she complained about sharing a changing room with transgender medic Dr Beth Upton.
The health board said in a statement: “NHS Fife notes the clarity provided by today’s Supreme Court ruling regarding the legal definition of a woman.
“We will now take time to carefully consider the judgment and its implications.”
The Scottish Greens – long-time advocates for furthering the rights of trans people – hit out at the court’s ruling, with equalities spokeswoman Maggie Chapman describing it as “deeply concerning” and a “huge blow”.
She added: “It could remove important protections and will leave many trans people and their loved ones deeply anxious and worried about how their lives will be affected and about what will come next.
“Trans people just want to be able to live their lives like any of us, without the fear of prejudice or violence, but today they have been badly let down.”
While Vic Valentine, the manager of charity Scottish Trans said the decision “undercuts the central purpose of the Gender Recognition Act”.
They added: “We note that the court took interventions from a number of organisations that have campaigned to restrict trans people’s rights, but refused to hear from a single trans person, in a case that is all about trans people.
“We think their judgment reflects the fact that trans people’s voices were totally missing.
“The court appear to have prioritised a nit-picking approach to their interpretation of the exact wording of the legislation, over what was the clear intention of Government and Parliament in passing it.
“The UK Government stated clearly back in 2004 that the Gender Recognition Act was intended to change a person’s legal sex for the purposes of equality law.”
Scottish Labour equalities spokesman Paul O’Kane said “Scottish Labour has always called for the protection of single-sex spaces on the basis of biological sex, as provided the in the Equality Act.
“This court ruling should of course be respected, and as Lord Hodge said this must not be read as a triumph of one or more groups at the expense of another.
“Now that we have this clarity, the SNP Government must now provide clear guidance for Scottish public services so they can implement the Equality Act properly and uphold the rights and dignity of all.”
Later, a spokesperson for the Scottish Government said it acted “in good faith” in the case, adding: “The Supreme Court judgment explicitly references that this stance was consistent with the advice given by the Equality and Human Rights Commission (EHRC).
“And we note that that the EHRC are now reviewing their guidance to reflect the Supreme Court’s ruling.
“Finally, we want to reassure everyone that the Scottish Government is fully committed to protecting everyone’s rights, to ensure that Scotland remains an inclusive country.”
