The case, regarding the Scottish government’s definition of ‘women’ for the purposes of the Gender Representation on Public Boards (Scotland) Act 2018, has implications for the meaning of the word ‘sex’ in the Equality Act. 

In For Women Scotland’s judicial review of 2023, the Inner House of the Court of Session ruled that a person in possession of a Gender Recognition Certificate (GRC) should be regarded as being of the opposite sex.

Scottish Lesbians, joined by The Lesbian Project and LGB Alliance, were granted permission to submit a written intervention for the case, which is due to be heard on 26 and 27 November 2024. Their submission was prepared by barristers Karon Monaghan KC and Beth Grossman, instructed by Peter Daly of Doyle Clayton.

Jenny Willmott, director of Scottish Lesbians, said: “This case is of huge importance to lesbians. The current situation means that men who have a GRC are entitled to access spaces and groups which are intended to be lesbian-only.’

“Lesbian spaces, services and groups are by their very nature intended to be single-sex. Our lesbian community and culture, and our wellbeing, depend on us being able to form lesbian-only associations. The meaning of ‘sexual orientation’ is dependent on the meaning of ‘sex’.”

Four parties received permission to intervene in the Supreme Court case: Sex Matters, the Equalities and Human Rights Commission, Amnesty International UK, and Scottish Lesbians/The Lesbian Project/LGB Alliance.