LGBT charities and advocacy groups including Stonewall have been granted permission to intervene in the legal challenge against the UK Government blocking Scotland’s gender reforms.
Europe’s largest LGBT charity Stonewall, alongside Gendered Intelligence and the Institute for Constitutional and Democratic Research (ICDR), have been granted leave to submit evidence in the judicial review set for September.
The legal challenge was brought after Scottish Secretary Alister Jack used the little-known Section 35 order to stop the Gender Recognition Reform (Scotland) Bill from becoming law, blocking it from being given Royal Assent.
And now, a judge has permitted the organisations to submit written evidence to the court, where they will outline their arguments behind challenging the UK Government’s assertion there would be “adverse consequences” if the legislation came into force.
It comes after Scottish Trans were given permission to submit their own arguments and evidence earlier this month.
The charities will argue that many other countries have implemented measures similar to Scotland’s gender reforms, which would have removed the medical element of the process and allowed transgender people to self-ID, and that the UK Government’s Statement of Reasons does not stand up.
“The ‘adverse impacts’ on equalities law identified by the UK Government are, in fact, unlikely to occur or will only occur in very rare factual contexts,” the charities said.
Colin Macfarlane, director of nations at Stonewall said: "The Gender Recognition Reform (Scotland) Bill was passed by an overwhelming majority of MSPs from across all the political parties in the Scottish Parliament.
“The bill, as passed, would mean the process that trans men and trans women use to update the sex recorded on their birth certificates would no longer be intrusive and dehumanising.”
Macfarlane said the legislation would bring Scotland into line with “international best practice”.
“More than 30 countries or territories around the world such as Canada, Australia, New Zealand and Ireland have similar or more progressive laws and we want Scotland to join them so our trans friends, family and colleagues can live their lives with dignity,’’ he added.
Victoria Grace, chief operations officer of the ICDR said: “Constitutional questions like this one aren’t just between governments. They impact on every citizen.
“Interventions like this one are an essential way for civil society to ensure that the court has all the information it needs to make a proper decision.
“The ICDR is delighted to have the opportunity to join with other civil society organisations to assist the court in this manner.”
Meanwhile, Jay Stewart, CEO of Gendered Intelligence added: “Trans people should be able to live their lives with dignity and autonomy.
“Gender Recognition Reform is about trans people not relying on medical practitioners to ‘authorise’ any one person’s gender.
“There are many countries across the world, including very recently Spain, where trans people can self-determine their legal gender.”
Stewart said that as Scotland “democratically decided” its trans citizens should be allowed the same rights the legislation must be “upheld and respected”.
“As a trans-led organisation, Gendered Intelligence is working hard to protect our human rights and we are pleased to be working alongside our colleagues Stonewall and ICDR to intervene in this case,” they added.
Stonewall, Gendered Intelligence and the ICDR are represented by DLA Piper Scotland LLP.
James Findlay K.C. and David Blair have been instructed in the intervention, while Robin Moira White, Adam Wagner, Sam Fowles and Stephanie Davin are also assisting in the proceedings. All are acting pro bono, the charities said.
