Holyrood and Westminster went to court over Scotland’s gender law reform bill
A court has found in favour of the UK government blocking Scotland’s landmark gender law reforms.
The Scottish government lodged a court case against Westminster for using a Section 35 order to block its Gender Recognition Reform (Scotland) Bill.
The legislation, which was passed in December 2022 by 86 votes to 39, following years of consultation, would make it easier for trans Scots to change the gender markers on their official documents, as well as open up the legal transition process to 16 and 17-year-olds for the first time.
As the law currently stands, in the UK trans people must apply to the gender recognition panel and present reports as well as a diagnosis of gender dysphoria – a process that can take years given the immense wait times at NHS gender clinics.
The hearing took place at the Court of Session in Edinburgh in September and was overseen by judge Lady Haldane.
Colin Macfarlane, director of Nations at Stonewall: “We’re disappointed that the Court of Session in Scotland has found in favour of the UK Government’s unprecedented decision to use Section 35 to block the Gender Recognition Reform Bill from Royal Assent.
“This Bill was one of the most debated in the Scottish Parliament’s history and was passed by a resounding majority of MSPs drawn from all major Scottish parties.
“This unfortunately means more uncertainty for trans people in Scotland, who will now be waiting once again, to see whether they will be able to have their gender legally recognised through a process that is in line with leading nations like Ireland, Canada and New Zealand.
“Whatever happens next in discussions with the UK and Scottish Governments on this matter, Stonewall will continue to press all administrations to make progress on LGBTQ+ rights in line with leading international practice.”
More to follow.