SNP-led government takes legal action against UK Government’s ‘undemocratic veto’ over gender reform block
The Scottish Government has confirmed that they will challenge the UK government’s block on the Gender Recognition (Scotland) Reform (GRR) Bill.
The Scottish Social Justice Secretary Shirley-Anne Somerville confirmed the decision as the “only reasonable means of resolving” the section 35 order that was put in place in January after the bill passed through the Holyrood with cross-party support and an overall support in late December 2022.
However, citing that there were “concerns” over the legislation Scottish secretary Alister Jack implemented the section 35 order.
First Minister Humza Yousaf wrote in a blog post for the SNPs website and described it as an “undemocratic veto” that he will “do his duty” to defend democracy and devolution by taking the decision to court.
Colin Macfarlane, director of Nations at Stonewall welcomed the announcement that the Scottish Government are seeking to challenge the section 35 order in court. He said: “The UK Government’s decision to block Scotland’s Bill was an unprecedented move and made clear that they see trans people as a threat to be contained rather than people to be treated with dignity and respect.”
The new Gender Recognition Reform (Scotland) Bill (GRR) would replace the current process outlined in the Gender Recognition Act 2004 which would make it give trans men and trans women a straightforward process for changing their preferred gender.
Macfarlane said: “We hope that the legal process concludes swiftly, and that governments of the UK focus their attention on positive strategies that support LGBTQ+ communities to thrive.”
Currently there are three different ways applications can be made to change your preferred gender. An applicant must be over 18 years old, have received an official gender dysphoria diagnosis, or intend to live in the acquired gender for the rest of their life. And at least two medical reports must be submitted to the Gender Recognition Panel.
However, through the GRR a controversial change is that the age is to be brought down to 16 years old as well as lowering the amount of time you will have to live in your preferred gender before applying is being condensed. As an 18-year-old within the GRR you would only need to live for three months as the acquired gender however if you are 16 and 17 years old the requirement is slightly longer at six months.
Scottish Conservative party leader Douglas Ross in a tweet said: “Humza Yousaf is engineering constitutional division to appeal to his divided party and distract from his woeful start as First Minister.”
