Scottish Government to Challenge UK Block on Gender Reform Bill

Scotland’s First Minister Humza Yousaf visits Nova Innovation, in Edinburgh, on April 11, 2023. Fraser Bremner - Pool/Getty Images

The Scottish government has announced it will challenge UK Prime Minister Rishi Sunak’s decision to block its gender reform bill in court.

In December, the Scottish Parliament passed the Gender Recognition Reform (Scotland) Bill, which would enable anyone over the age of 16 to self-identify their gender.

But the UK government blocked the bill in January, citing its “adverse impact” on UK-wide equalities protection.

On Wednesday, Scottish First Minister Humza Yousaf confirmed his government will go to court to challenge the UK government’s decision.

He said legal action is “now our only means of defending our Parliament’s democracy from the Westminster veto.”

Scotland’s Social Justice Secretary Shirley-Anne Somerville said the UK government’s decision represented “an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters,” and “risks setting a dangerous constitutional precedent.”

The Scottish Greens, who are in government alongside the Scottish National Party (SNP), said the decision is “vital for equality and democracy.”

‘Protection of Women’

Commenting on the issue on Wednesday, Sunak said the UK government’s decision to block the bill had been made “after taking very careful and considered advice.”

Speaking to reporters in Belfast, Sunak said the UK government had concerns about “how Scotland’s gender recognition act would interact with reserved powers, about the operation of the Equalities Act, the protection of women elsewhere in the UK as well.”

British Prime Minister Rishi Sunak speaks to the media in Rochdale, England, on April 3, 2023. Phil Noble - Pool/Getty Images

The UK government’s Scottish Secretary Alister Jack said the UK government will defend its position in court.

He said: “The UK government will robustly defend the decision to prevent the Scottish Government’s Gender Recognition Reform Bill from becoming law.

“I made the order under Section 35 of the Scotland Act 1998 after thorough and careful consideration of all the relevant advice and the policy implications.”

He said the Section 35 order was issued owing to concerns over the gender reforms’ implications on reserved equality laws.

He added: “The use of the [Section 35] power is entirely within the devolution settlement as set out from its inception, with cross-party support.”

Self-ID

The Scottish bill—championed by then-First Minister and SNP leader Nicola Sturgeon—would have allowed anyone over the age of 16 to self-ID via a statutory declaration to obtain a new birth certificate, which changes the recording of their registered sex at birth to their chosen gender.

There would also be no requirement for an applicant to undergo surgery or hormone therapy, and the process to change sex on birth certificates would have been simplified.

Scotland's then-First Minister Nicola Sturgeon during a press conference at St. Andrews House in Edinburgh, on Jan. 16, 2023. Lesley Martin/PA Media

The time period applicants need to live in the acquired gender would also be reduced from two years to three months, with the requirement for a medical diagnosis and evidence removed.

Critics of the legislation say that a self-identification system could be exploited.

Women’s groups as well as the U.N. Special Rapporteur on violence against women and girls, Reem Alsalem, have raised grave concerns that it will open up women’s services and private spaces to abuse.

Transgender Rapist

The Scottish government’s position on transgenderism came under increased scrutiny after a biological male double rapist was sent to a women’s prison.

Earlier this year, Adam Graham—who now claims to be transgender and changed his name to Isla Bryson—was sent to Cornton Vale women’s prison near Stirling to await sentencing after being convicted.

Isla Bryson, 31, formerly known as Adam Graham, from Clydebank, West Dunbartonshire, arrives at the High Court in Glasgow, on Jan. 23, 2023. PA Media

He was later moved to the male estate following a public and political storm over the plans to house him alongside female prisoners.

It emerged later that the 31-year-old only began transitioning from male to female in 2020 after being charged with raping two women.

Following the fiasco, The Times of London reported that four out of five transgender inmates being held in Scotland’s only female prison are murderers.

The Telegraph reported last month that, of the 19 transgender prisoners currently in Scotland’s prisons, 12 are recorded as beginning their transition “after their date of admission.”

The figures, disclosed to the newspaper under the Freedom of Information Act, also reveal there were seven trans women—biological men identifying as female—being allowed to serve their sentences in the women’s estate.

‘Not a Cat in Hell’s Chance’

Sturgeon stepped down as first minister and SNP leader last month and was succeeded by Yousaf.

Just a week later, her husband Peter Murrell—who served as SNP chief executive for more than 20 years—was arrested in connection with a long-running police investigation into the spending of about £600,000, which was raised by the SNP to fund its campaigning for Scottish independence.

But Yousaf has stuck to his predecessor’s position on transgenderism despite divisions within the party over the issue.

Earlier, former Scottish government minister Alex Neil warned that the first minister does not “have a cat in hell’s chance of winning” the legal challenge.

Speaking to BBC Radio Scotland, the former SNP minister said, “My own view is in terms of the challenge to the UK government, it would be far better just to reintroduce a bill, and this time in the bill deal with concerns of women about places of safety for women and also deal with the UK Equality Act.”

Owen Evans, Patricia Devlin, and PA Media contributed to this report.