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There was submitted a Notice of Motion by Councillors Ann-Dowling and McMillan in the following terms:
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Supreme Court Judgement
On Wednesday 16th April 2025 the judgement in the For Women Scotland v The Scottish Ministers (FWS2) case was handed down. It gave an unequivocal ruling that gives utmost clarity on women’s rights that are protected in law, as well as highlighting the continued protections for trans people under the Equality Act.
The Supreme Court unanimously agreed that the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 (EA2010) refer to biological sex. Holding a Gender Recognition Certificate does not change sex for the purposes of the EA2010.
The unanimous decision of the court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.
The court ruling makes clear: the law protects single-sex spaces and services.
Therefore, Council congratulates For Women Scotland and the intervenors – Sex Matters, Scottish Lesbians, LGB Alliance, the Lesbian Project – who helped secure this important legal argument and clarified the law for the benefit of all.
Council agrees that we must see an end to policies that ignore the needs, rights, dignity and safety of women and girls.
Furthermore, the UK Government, the Welsh and Scottish Governments, regulators and public bodies must now review and clarify their policies and guidance. It is their responsibility to ensure the law is understood and implemented.
Council agrees to instruct the Chief Executive Officer to review all of Renfrewshire Council’s policies, procedures and guidance and training materials to ensure compliance with the Supreme Court ruling.
Council also agrees to review any services run or commissioned by the council for compliance with the Supreme Court ruling."
Councillor Ann-Dowling, seconded by Councillor McMillan, then moved the motion.
Councillor Hughes, seconded by Councillor Innes, moved as an amendment that;
“Renfrewshire Council notes the Supreme Court Judgement of 16th April 2025, in which they handed down the judgement that a person’s sex in law is defined as their sex assigned at birth.
Council also notes the Equality and Human Right’s Commission’s (EHRC) Interim Guidance on single sex spaces, which requires further detail and clarity. Council understands that this guidance is not statutory, and that a consultation with stakeholders is expected in May, with fuller guidance is expected in summer. Council agrees that this fuller detail is required before assessing our policies.
Council also notes Dr Victoria McCloud’s current case at the European Court of Human Rights (EHCR) which is challenging the decision of the Supreme Court.
Council agrees that we must ensure equality for ALL and reaffirms our position of support for transpeople in living their authentic lives, and recognises their right to live and use public spaces with dignity”.
On the roll being called, the following members voted for the amendment: Councillors Adam, Airlie-Nicolson, Burns, Provost L Cameron, Councillors J Cameron, Campbell, Audrey Doig, Hannigan, Hughes, Innes, MacFarlane, K MacLaren, M MacLaren, McEwan, McGurk, McNaughtan, Nicolson, Paterson, Rodden, Shaw and Steel.
The following members voted for the motion: Councillors Ann-Dowling, Clark, Davidson, Devine, Andy Doig, Gilmour, Grady, G Graham, N Graham, Gray, Hood, Leishman, J MacLaren, McCulloch, McDonald, McGonigle, McGuire, McMillan, Montgomery, Mullin, Mylet and Smith.
21 members having voted for the amendment and 22 members having voted for the motion, the motion was accordingly declared carried.
DECIDED:
Supreme Court Judgement
On Wednesday 16th April 2025 the judgement in the For Women Scotland v The Scottish Ministers (FWS2) case was handed down. It gave an unequivocal ruling that gives utmost clarity on women’s rights that are protected in law, as well as highlighting the continued protections for trans people under the Equality Act.
The Supreme Court unanimously agreed that the terms ‘man’, ‘woman’ and ‘sex’ in the Equality Act 2010 (EA2010) refer to biological sex. Holding a Gender Recognition Certificate does not change sex for the purposes of the EA2010.
The unanimous decision of the court is that the terms woman and sex in the Equality Act 2010 refer to a biological woman and biological sex.
The court ruling makes clear: the law protects single-sex spaces and services.
Therefore, Council congratulates For Women Scotland and the intervenors – Sex Matters, Scottish Lesbians, LGB Alliance, the Lesbian Project – who helped secure this important legal argument and clarified the law for the benefit of all.
Council agrees that we must see an end to policies that ignore the needs, rights, dignity and safety of women and girls.
Furthermore, the UK Government, the Welsh and Scottish Governments, regulators and public bodies must now review and clarify their policies and guidance. It is their responsibility to ensure the law is understood and implemented.
Council agrees to instruct the Chief Executive Officer to review all of Renfrewshire Council’s policies, procedures and guidance and training materials to ensure compliance with the Supreme Court ruling.
Council also agrees to review any services run or commissioned by the council for compliance with the Supreme Court ruling.