A senior SNP MSP has predicted Humza Yousaf’s Government will be humiliated in the court battle over their gender recognition reforms.
Ash Regan, who contested the recent SNP leadership contest, also said the legislation is “deeply unpopular” and that going to court will cost a “vast” amount of money.
The Gender Recognition Reform (Scotland) Bill, approved by MSPs in December, simplifies the process for trans people to change their gender.
But critics believe the "self-ID" law poses a threat to women and girls and Scottish Secretary Alister Jack used Section 35 of the original devolution legislation to block it.
With a legal deadline looming, Social Justice Cabinet Secretary Shirley-Anne Somerville announced yesterday the Government would pursue a judicial review.
However, the GRR debate has divided the SNP and those tensions are continuing.
Regan, who quit Nicola Sturgeon's Government over the GRR Bill, tweeted:
“The decision to challenge the Section 35 will result in a humiliating defeat. The GRR is deeply unpopular amongst Scottish voters and court action will cost a vast amount of taxpayers money.
She also said of the SNP shedding tens of thousands of members:
“Losing 30k party members over this policy means it’s time for a re-think.”
Alex Salmond’s pro-independence Alba party is also opposed to the court challenge.
Salmond said: “Humza Yousaf should be taking on Westminster on self-determination, not taking on the Scottish people on self-identification. He has embarked on the ultimate lose/lose gambit. If he loses the case, he is humiliated by Westminster. If he wins it, he loses with the Scottish people.”
Somerville said yesterday: "To uphold the democratic decision of the Parliament, and ensure proper protection of devolution, Scottish Ministers will now lodge a petition for judicial review of the Secretary of State’s decision.
"The Scottish Government does not consider the reasons set out by him provide sufficient justification for his decision to make an order under section 35 of the Scotland Act.
"While the Scotland Act conferred the power in Section 35 on the Secretary of State, its use is unprecedented, so it is important to have clarity on the interpretation and scope of the power, and its impact on devolution. Those matters and the use of the power on this occasion should be legally tested in the courts."
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