The Supreme Court will hear one appeal this week, on a hot-button social issue. In For Women Scotland Ltd v The Scottish Ministers, Lord Reed, Lord Hodge, Lord Lloyd-Jones, Lady Rose, and Lady Simler will decide whether a person holding a full gender recognition certificate (GRC) issued under the Gener Recognition Act 2004, recognizing their gender as female, is a woman under the Equality Act 2010.

The appeal will be heard over two days, 26 and 27 November 2024. The appellant is a campaign group opposed to transgender rights. It challenged as unlawful guidance issued by the respondent in connection with the Gender Representation on Public Boards (Scotland) Act 2018 stating that the meaning of “woman” is that Act is the same as under section 11 of the Equality Act and includes a person holding a GRC stating that her acquired gender is female.

Both the Outer House and the Inner House of the Court of Session found against the appellant. The Inner House based its decision on familiar principles of statutory interpretation. It noted that section 9 of the Gender Recognition Act provides that when a GRC is issued, “the person’s gender becomes for all purposes the acquired gender”. The statute did not draw a distinction between gender and sex. The very same provision states “if [the acquired gender] is the female gender, the person’s sex becomes that of a woman”. Parliament was aware of these existing provisions when it enacted the Equality Act, and did not include any language to narrow the impact of section 9, which it was permitted to do under the Gender Recognition Act. The two Acts can be read consistently with each other.

This case will no doubt be closely watched, with a judgment expected in the new year.