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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.

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The Scottish Conservatives criticised John Swinney and the SNP for the large legal bill to be paid from the public purse to cover costs of court cases on gender recognition and self-ID

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.