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Scottish Government Faces £600k Bill After Supreme Court Ruling on Definition of 'Woman'

The UK Supreme Court's decision to uphold a biological definition of 'woman' under the Equality Act leaves Scotland's public bodies in legal limbo and taxpayers footing escalating costs.

Overview

  • The Scottish Government has spent nearly £374,000 defending its stance that trans women should be included in the legal definition of 'woman' under the Equality Act.
  • The UK Supreme Court ruled in April 2025 that the definition of 'woman' is based on biological sex, overturning earlier rulings by Scottish courts.
  • For Women Scotland, the group that brought the legal challenge, is expected to recoup approximately £250,000 of its legal costs, potentially raising the public cost to £624,000.
  • Despite the ruling taking immediate effect, Scottish ministers have advised public bodies to await formal guidance from the Equality and Human Rights Commission, expected later this summer.
  • Several institutions, including the Scottish Parliament and football associations, have already updated their policies to align with the court's decision, limiting female spaces to biological women.