Victory for Women’s Rights:

Supreme Court Ruling and its Implications for the Green Party

The Green Women’s Declaration is celebrating a landmark victory for women’s rights following today’s unanimous UK Supreme Court ruling in the case of For Women Scotland v The Scottish Ministers.

A Historic Decision

In a momentous judgment delivered today, 16 April 2025, the UK Supreme Court has provided definitive clarification on the Equality Act 2010. Lord Hodge, delivering the unanimous ruling, declared “The terms Women and Sex in the Equality Act 2010 refer to a biological woman and biological sex”

This authoritative interpretation resolves longstanding uncertainty about whether transwomen with gender recognition certificates are legally considered “women” under the Equality Act – confirming they are not. The ruling vindicates the position that For Women Scotland has courageously championed and provides the legal clarity that women’s rights advocates have long sought.

Implications for the Green Party

This ruling has significant implications for the Green Party of England and Wales (GPEW) and requires a serious rethinking of policies and practices to align with legal parameters. Specifically:
1. Review of RR530: We call for RR530 to be revoked or substantially revised. RR530 currently states: “… The Green Party recognises that trans men are men, trans women are women,….” The Supreme Court has now clarified that in law, trans women are not biological women, making this policy incompatible with equality laws.
2. Single-Sex Groups: This ruling confirms that, for instance, Green Party Women (GPW) could legally operate as a single-sex group. Their book clubs and other activities CAN be single-sex spaces under the Equality Act if their reasons for doing so are proportionate and justified. Similarly, we would support Lesbian Greens formally constituting within GPEW as a women-only group if they choose to do so.
3. Data Collection: The ruling supports the findings of the Sullivan Review, confirming that GPEW, like any other organisation, must collect accurate data on the basis of biological sex (not gender), in order to comply with anti-discrimination law regarding sex, and should support policy that calls for accurate data collection.
4. Disciplinary Processes: GPEW cannot use RR530 or the discredited “Queerphobia Guidance” to impose sanctions against members expressing gender critical views. The judgment has clarified that transwomen are not legally the same as biological women. The judgment will have considerable persuasive power against any claim that expression of gender critical views can bring the Party into disrepute and/ or cause harm to trans-identifying members of the party.
5. Appeals and Reviews: This ruling provides new evidence that should compel GPEW to review all disciplinary cases where members were sanctioned for stating their views on biological facts that are now confirmed in law.

A Win for Scientific Material Realism

This judgment represents a victory for scientific material realism—values at the heart of the Green Philosophical Basis. It affirms that sex is binary and immutable, a biological reality that has been central to our Green Women’s Declaration position.

The ruling confirms what many of our supporters have long maintained: that policies denying material reality cannot be reconciled with either science or the law. This decision provides a foundation for returning to evidence-based policymaking within the Green Party and beyond.

Broader Implications for Single-Sex Spaces

Beyond the Green Party, this ruling has profound implications for all who advocate for single-sex provisions for women, and for the rights of lesbians to female-only spaces and community. The court recognised the importance of maintaining coherence in the Equality Act, noting that separate spaces and single-sex services, changing rooms, hostels, medical services, communal accommodation, single-sex associations and charities, and women’s fair participation in sport all depend on a clear definition of biological sex.

Moving Forward Together

While we celebrate this victory, we recognise there is still work to be done. The Green Women’s Declaration will continue to press the Green Party to ensure that this ruling is appropriately implemented in policy and practice.

The court emphasised that this ruling does not disadvantage trans people, who maintain protection against discrimination through the protected characteristic of gender reassignment, as well as protection against discrimination by association or perception.

Thank You for Your Support

This victory would not have been possible without the tireless efforts of For Women Scotland and the support of organisations like Sex Matters and the Lesbian Interveners, as well as all of you who have stood with us in this cause.

Stay connected with us for further analysis of the implications of this landmark ruling. Together, we will continue to defend women’s sex-based rights.