Press Release: Women’s Policy Group NI Responds to Supreme Court Judgment in For Women Scotland Case
The Women’s Policy Group NI (WPG) has issued a briefing for MLAs addressing the Supreme Court judgment in For Women Scotland Ltd vs the Scottish Ministers (2025) and its implications for Northern Ireland. The WPG seeks to clarify the legal status of the judgment, express concerns about its impact on trans, non-binary, and intersex people, and reject claims that it represents a victory for women.
Legal Status in Northern Ireland The WPG emphasizes that the Equality Act 2010, which was central to the judgment, does not apply in Northern Ireland, except for four provisions unrelated to this case. Protections under the Windsor Framework Article 2 further ensure that the judgment cannot be incorporated into Northern Ireland’s legislation. Therefore, the judgment has no legal relevance to equality laws in Northern Ireland.
Impact on Trans, Non-Binary, and Intersex People The WPG expresses grave concerns about the implications of the judgment and the interim guidance issued by Great Britain’s Equality and Human Rights Commission (EHRC). The guidance suggests that individuals should use bathrooms matching the sex assigned at birth, potentially forcing transgender and non-binary people to “out” themselves in workplaces and public spaces, violating their Article 8 rights to privacy.
Additionally, the WPG highlights the absence of intersex people in the judgment and public discourse. Intersex individuals are a minority group that outnumbers transgender people. Their exclusion from the judgment and EHRC guidance is described as a significant oversight.
Impact on Women Contrary to claims that the judgment protects women’s dignity and privacy, the WPG argues that its implications could harm cisgender women as well as transgender individuals. Women who do not conform to traditional standards of femininity—such as those with “butch” presentations, hair loss, athletic builds, or other physical differences—may face challenges in accessing public spaces like bathrooms. Black and ethnic minority women are particularly vulnerable to such scrutiny.
The WPG also raises concerns about the implications for police searches, noting that proving one’s gender identity in such situations would gravely violate privacy rights and could lead to legal challenges.
As a feminist organization, the WPG rejects the notion that womanhood can or should be defined by courts or legislative bodies. Feminism has long fought against biological determinism, and reducing womanhood to reproductive organs is harmful to all women and their reproductive rights. The WPG asserts that women’s rights are not at odds with the rights of transgender, non-binary, or intersex people.
Call to Action The WPG urges politicians and public figures to engage with them on this issue and to avoid transposing a judgment that does not apply in Northern Ireland into local laws and practices. The group stands in solidarity with transgender, non-binary, and intersex individuals and calls for respectful and informed public discourse.
Contact Information For further information or to discuss this issue, please contact Elaine Crory at elaine.crory@wrda.net.