In this week’s episode of Seen in Journalism: No Fear, No Favour, we sit down with Susan Smith of For Women Scotland to discuss the long legal and media battle over sex‑based rights in the UK.
Susan takes us through the extraordinary journey from kitchen‑table activism to the UK Supreme Court, explaining how a small group of unfunded campaigners challenged the Scottish Government’s policies on gender recognition. We explore:
The landmark Supreme Court judgment in April 2025, which clarified that “sex” in the Equality Act refers to biological sex.
How For Women Scotland’s earlier legal actions (2022 petitions and appeals) first established key principles about definitions of “woman”.
Why campaigners have returned to court repeatedly, despite prior rulings.
The role of the media: why coverage was often hesitant, selective, or framed as “both sides,” and how that influenced public understanding.
The influence of strategy documents (e.g. Dentons playbook) and internal memos (e.g. Transphylum) on embedding self‑ID policies.
Cultural flashpoints: from Hadley Freeman’s Guardian commentary and Magdalen Berns’ YouTube presence, to BBC Scotland’s coverage of Isla Bryson and the National Library exhibition controversy.
The political fallout in Scotland: institutional capture, civil service roles, and accountability amid elections.
Below, we’ve gathered links to key cases, reports, articles, and cultural references mentioned in the episode.
Court Cases & Rulings
Supreme Court judgment (For Women Scotland Ltd v The Scottish Ministers, 16 April 2025): Read here
Supreme Court case summary / docket: See details
Petition to Court of Session (13 December 2022): Read PDF
Judgment: For Women Scotland v the LA & Scottish Ministers (Feb 2022 appeal): Read judgment
Case P578/22 (Court of Session, Oct 2023): Case page / livestream archive
For Women Scotland: Judicial Review announcement (July 2022): Read more
Scottish Government legal costs FOI (2022): See FOI
Media & Analysis
AP News: “UK’s top court says definition of a ‘woman’ based on biological sex” — Read
Reuters: Landmark ruling & implications — Read
Watch the Supreme Court ruling footage here
Herald piece by Neil Mackay: I would not fight for trans rights if it hurt women
For Women Scotland right of reply: Blame Sturgeon's pig-headed refusal to listen for trans furore
The Spectator: Denton’s Playbook
Creative Scotland funds porn: Arts body defends decision to fund axed sex show
Scotsman: ‘For Women Scotland ‘compares sex-based rights' plight to Taliban in deleted tweet’
Law and Disorder podcast: Lord Mostyn, Helena Kennedy, Charlie Falconer
BBC PM with Lord Sumption is not available. Here’s the Independent instead.
Gender Recognition Act consultation and outcome 2018
MSPs back amendment to replace gender with sex in new law supporting rape victims
