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Women’s Group Threatens Lawsuit Over Scotland’s Delay on Defining ‘Woman’ in the Equality Act

The group warns ministers cannot lawfully delay updating prison guidance pending the EHRC’s revised code

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Overview

  • The UK Supreme Court unanimously ruled in April that the Equality Act’s definition of “woman” is based on biological sex, excluding transgender women with gender recognition certificates.
  • The Scottish Government has postponed updating service guidance until the Equality and Human Rights Commission issues its revised code of practice, now slated for November 2025.
  • For Women Scotland, supported by JK Rowling’s legal fund, says it will pursue further litigation if ministers do not revise policies on prisons and other public services.
  • The ruling has far-reaching effects on prisons, rape crisis centres, hospitals and local councils, prompting charities such as Refuge and Mind to warn that the EHRC’s consultation schedule is too compressed.
  • The Scottish Prison Service has begun reviewing its rules on housing transgender inmates in response to the Supreme Court’s decision.