Scotland’s First Minister John Swinney has come under renewed scrutiny after repeatedly refusing to say whether he believes transgender women are women, despite growing calls for clarity following a landmark legal ruling.
Speaking in Glasgow at a cross-party summit intended to address the rise of far-right extremism, Mr Swinney was asked directly whether he considers a trans woman to be a woman. Rather than giving a personal view, he pointed to last week’s judgment by the UK Supreme Court, stating: “That issue has been settled by the Supreme Court. The Supreme Court has given us the basis of law for that to be the case and that’s what I accept.”
The ruling followed a legal victory by the campaign group For Women Scotland, which challenged the Scottish Government over its interpretation of “woman” in legislation. The Supreme Court ruled that the terms “woman” and “sex” in the Equality Act 2010 refer explicitly to biological women and biological sex, effectively excluding trans women from that legal definition.
Pressed again during Wednesday’s press conference, Mr Swinney declined to offer a personal stance. “I don’t think we’ve got space for us all to answer. There will be plenty of opportunities for that,” he initially remarked. Later, he reiterated his deference to the court’s authority, saying changes to Scottish regulations would be made “in light of the judgment”, but stopped short of outlining a timeline.
The First Minister also distanced himself from comments made by Scottish Green MSP Maggie Chapman, who accused the Supreme Court of “bigotry, prejudice and hatred” following the ruling. “I think it is wrong to do that,” Mr Swinney said, “because at no stage should we question the independence of the judiciary and the judicial system, because it operates in everybody’s interests in an entirely neutral fashion in accordance with the rule of law.”
Among the panel at the summit, views were sharply divided. Ash Regan MSP, formerly of the SNP and now with the Alba Party, said the court’s decision made clear that “trans women are not really women.” Ms Regan, who resigned from the SNP government over the controversial Gender Recognition Reform (Scotland) Bill, accused ministers of misleading the public and called for an apology, criticising what she called “the nonsense that has been perpetrated on to the country.”
Scottish Green co-leader Patrick Harvie, by contrast, said unequivocally that he believes trans women are women, a view not shared by all present. Scottish Labour leader Anas Sarwar and Scottish Liberal Democrat leader Alex Cole-Hamilton declined to answer the question altogether.
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The debate in Holyrood echoed developments in Westminster. On Tuesday, Prime Minister Keir Starmer also appeared to shift his stance. When asked to reaffirm his earlier claim that “trans women are women,” the Labour leader responded: “A woman is an adult female, and the court has made that absolutely clear.”
His remarks marked a clear departure from his previous position. In 2022, Sir Keir stated that “trans women are women” and insisted that was “not just my view – that is actually the law.” But in light of the Supreme Court’s ruling on 16 April, the Prime Minister said he welcomed the “real clarity” the decision provided, stating it would help shape future guidance and policy.
Downing Street later confirmed the Prime Minister’s new position. Asked directly whether Sir Keir still believed a trans woman was a woman, the Prime Minister’s spokesman said: “No, the Supreme Court judgment has made clear that when looking at the Equality Act, a woman is a biological woman.”
As the legal and political landscape shifts, leaders across the UK face increasing pressure to clarify their own views — a challenge Mr Swinney, for now, appears determined to avoid.
