On 16th April 2025, the Supreme Court decided that only biological women are women for the purposes of the Equality Act 2010 (EA 2010). It held that the terms “man”, “woman” and “sex” in the EA 2010 refer to biological sex as “as any other interpretation would render the EA 2010 incoherent and impracticable to operate” – completely negating any protections for gender identity. In short, by defining “sex” strictly as biological, the decision affects how transgender people are recognised under the EA 2010, particularly concerning access to single-sex spaces and services.
While acknowledging the legal capacity the UK Supreme Court has, the YSI condemns the unprecedented risks set by the UK Supreme Court to the reductionist definition of women, which undermines intersectional rights by rolling back progress for all women, including transgender, non-binary and intersex peoples. This
ruling poses defining identity through birth certificates – it has just allowed for horrific practices from the now legalised strip-searches of transgender women by male police officers to the medical exclusion of transgender people in certain healthcare practices.
The Gender Recognition Reform Bill, passed by an overwhelming majority in the Scottish Parliament with cross-party support, represents Scotland’s commitment to inclusivity. The UK Government’s use of Section 35 to block this legislation is an unprecedented challenge to the Scottish Parliament’s ability to legislate on devolved matters, setting a dangerous constitutional precedent. The politicisation of gender identity by the UK Government, fuelled by far-right narratives, has created a constitutional and democratic crisis for Scotland. This highlights the necessity for Scottish independence, as the Scottish judiciary has consistently demonstrated an inclusive approach, rejecting narrow and exclusionary definitions of women that has been overruled by the UK Supreme Court.
Scotland aligns itself with many European countries, such as (but not limited to) Ireland and Spain which recognise this intersectionality and have successfully instituted such reforms to protect LGBTQ+ and intersex communities.
In light of these considerations, the European Free Alliance Youth calls for:
● Holistic recognition of gender identity, respecting individual self-determination as seen across many European nations, rather than restricting it to outdated and harmful classifications.
● A clear distinction between biological sex and gender identity, ensuring the inclusion of all identities and biological states.
● Advocacy for inclusive rights and intersectional equality, to protect marginalized groups and uphold progressive values.
● A resolute affirmation that trans women are women and trans men are men, standing firm against transphobia in all its forms.
● Continued recognition and protections for intersex peoples.
| Explanatory Notes: Gender Representation on Public Boards (Scotland) Act (2018) ● In 2018, the Scottish Government introduced the Gender Representation on Public Boards (Scotland) Act to promote gender balance on public boards, which oversee vital services such as the NHS, colleges, and other public organisations. The Act set an ambitious target: at least 50% of non-executive members on these boards should be women. To assist public bodies in implementing this law, the Scottish Government issued guidance clarifying that the term “woman” included individuals whose “acquired gender is female” under the UK’s Gender Recognition Act 2004. ● However, the Act faced opposition from For Women Scotland, a trans-exclusionary radical feminist (TERF) organisation that advocates for women’s and children’s rights in Scotland. They argued that the Scottish Government had redefined “woman” in a way that contravened the law. According to the group, this interpretation conflated sex and gender identity and exceeded the legislative competence of the Scottish Parliament, as equality law is reserved to the UK Parliament. Their legal challenge escalated through the judiciary system, ultimately reaching the UK Supreme Court, the highest authority for civil cases in the UK. The Gender Recognition Reform (Scotland) Bill ● On 22 December 2022, the Scottish Parliament passed the Gender Recognition Reform (Scotland) Bill with overwhelming support, achieving a vote of 86 to 39, with backing from members across all political parties. This landmark bill sought to streamline and modernise the process for obtaining a Gender Recognition Certificate, reflecting Scotland's progressive stance on gender identity. ● In January 2023, the UK Government controversially invoked Section 35 of the Scotland Act 1998 to block the Bill from proceeding to Royal Assent. This unprecedented action challenged the Scottish Parliament's ability to legislate on devolved matters, sparking a constitutional and democratic crisis. The move, widely criticised as politically motivated, underscores the broader tensions between the UK and Scottish Governments on issues of equality and devolution. |