THE Scottish Government will “vigorously contest” any attempts by Westminster to block new gender reforms, the Social Justice Secretary has said.
In the hours after the Gender Recognition Reform (Scotland) Bill passed at Holyrood on Thursday, Scottish Secretary Alister Jack said his office would look at what could be done to stop the bill, including invoking section 35 of the Scotland Act – which provides an effective veto if legislation will have an impact on reserved matters.
UK equalities minister Kemi Badenoch also said the UK Government was “now looking at provisions that can prompt reconsideration” of the legislation.
In comments that confirm the likelihood of the Bill ending up in the courts, Scottish Social Justice Secretary Shona Robison promised to defend the legislation.
“The bill as passed is absolutely within legislative competence and of course was backed by an overwhelming majority with support from all parties,” she said on BBC Radio Scotland on Friday.
“I think any attempt by the UK Government to undermine what is, after all, the democratic will of the Scottish Parliament, it will be vigorously contested by the Scottish Government.”
Opponents of the legislation fear it will impact on the Equality Act, particularly in relation to the exemption which allows for trans people to be excluded from single-sex spaces in some circumstances.
The bill, the Scottish Government says, will have no impact on the exemptions.
Scottish Greens equalities spokesperson Maggie Chapman said any attempt to block the bill would represent an attack on devolution.
She said: "Time and again the UK Government has shown total contempt for the LGBTQIA+ community. It has knowingly fanned the flames of prejudice and spread the most vicious smears and disinformation.
"Any attempt to block this bill would be an attack on devolution and democracy and on the rights of trans people. The UK government rightly recognises gender recognition certificates from other countries - they should honour those issued in Scotland.
“Gender Recognition Reform is a small change that will make a big difference. It puts Scotland closer to following international best practice and will improve the lives of our trans siblings, who have experienced years of prejudice and discrimination.”
Passed by a margin of 86 votes to 39, the bill will make it easier for trans people to obtain a Gender Recognition Certificate (GRC) by removing the requirement for a diagnosis of gender dysphoria.
It also lowers the minimum age for applicants to 16 and drops the time required for an applicant to live in their acquired gender from two years to three months – six for those aged 16 and 17 – though with a three-month reflection period.
MSPs embarked on an intense debate on the bill this week, spending more than 24 hours on the consideration of amendments and the final vote.
The legislation also prompted MSPs across the chamber to vote against their party, with nine SNP MSPs – including former minister Ash Regan – defying the party whip. Labour’s Carol Mochan and Claire Baker did the same, and resigned from their frontbench positions.
Former Scottish Tory leader Jackson Carlaw joined Jamie Greene in voting in favour of the bill, but the party had declared a free vote on the issue.
Meanwhile, Dunja Mijatovic, the commissioner for human rights at the Council of Europe, welcomed the passage of the bill.
“I welcome Scotland’s new law adopted by the Scottish Parliament introducing legal gender recognition based on self-determination,” she said.
“Nine Council of Europe member states have already adopted such laws and several others have this under consideration.
“A key trend for the full realisation of trans people’s human rights.”
