Equality Law Taken Out of Context: An Analysis of For (Some) Women Scotland

Abstract

The judgment of the Supreme Court of the United Kingdom in For Women Scotland v Scottish Ministers (FWS) in 2025 has created significant ripple effects for trans persons. Departing from dominant interpretations of the Equality Act 2010 (EA 2010), the Court decided that “sex” means “biological sex” under the EA 2010. By drawing on European equality and human rights law, alongside feminist and queer understandings of sex and gender, this article analyses how the Court reached its decision. It concludes that the Court largely failed to consider both the context in which the EA 2010 was adopted and the socio-political climate of its decision. This produced an abstract judgment, rather than one addressing structural inequalities, and disregarded the influence of European Union Law on the EA 2010. By ignoring the real-life effects of FWS on trans persons in the context of 2025, the Court also sidelined human rights analysis. It produced a judgment out of context.