Please or to access all these features

Feminism: Sex and gender discussions

Ben Cooper’s Analysis of Supreme Court Judgement in FWS v Scottish Ministers

53 replies

UtopiaPlanitia · 05/07/2025 10:34

Ben’s analysis of the judgement has been published and I thought FWS would be interested in reading it:

https://oldsquare.co.uk/wp-content/uploads/2025/07/FWS-Why-the-SC-decision-does-not-breach-trans-rights.pdf

https://oldsquare.co.uk/wp-content/uploads/2025/07/FWS-Why-the-SC-decision-does-not-breach-trans-rights.pdf

OP posts:
MarieDeGournay · 05/07/2025 11:06

I've been wondering if the 'sex=biological sex' definition is really only restricted to the Equality Act - I know that's all the SC was ruling on, but I wonder how permeable the law is around definitions.

To me, it would make sense that if 'sex=biological sex' in one law, it must mean the same thing in any other law. But I know the law is more complicated than just making sense to li'l ol' IANAL meHmm

How significant is this extract from BC's analysis?

16. The position at common law is that sex is binary, biological and fixed at birth (Chief Constable of West Yorkshire Police v A (No 2) [2005] 1 AC 51, HL, §3 per Lord Bingham, §19 per Lord Rodger, §30 per Baroness Hale; Forstater v CGD Europe [2022] ICR 1, EAT, §114 per Choudhury J).
[my emphasis]

This reads to me as 'sex=biological sex in common law', but I don't understand UK (or any other for that matter!) law so I don't know if I'm reading too much into it.

Can any legal experts clarify the 'permeability' of definitions across different laws, please?

PrettyDamnCosmic · 05/07/2025 10:52

The link was already posted over on the WI thread. The title of the paper is self-descriptive

Why the Supreme Court’s judgment does not remove, diminish or breach the rights and protections of trans people

This is what posted on the other thread

Wow! That document is such a clear explanation of the SC ruling couched much more in layman's terms than the actual judgment. The SC expressed particular gratitude to Ben Cooper KC for his written and oral submissions on behalf of Sex Matters, "which gave focus and structure to the argument that “sex”, “man” and “woman” should be given a biological meaning, and who was able effectively to address the questions posed by members of the court in the hour he had to make his submissions".
This document is something that everyone can read to understand the SC judgment but doubtless there will continue to be a failure of comprehension on the part of TRAs.

Vegemiteandhoneyontoast · 05/07/2025 10:45

Thanks, that's extremely clear. Hopefully those with a duty of care will actually read it.