UK Government Vows to ‘Robustly Defend’ Its Block on Scottish Gender Reform

Secretary of State for Scotland Alister Jack arrives in Downing Street for the weekly cabinet meeting to be held in the Foreign and Commonwealth Office in London, on Sept. 30, 2020. Leon Neal/Getty Images

The UK government has confirmed that it will defend its block on Scotland’s plans to make it easier to change one’s gender identity.

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’s Secretary of State for Scotland Alister Jack blocked the bill in January, citing its “adverse impact” on UK-wide equalities protection.

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

Last month, Scottish First Minister Humza Yousaf said his government would go to court to challenge the UK government’s decision.

On Thursday, a spokeswoman for the UK government said: “The UK government will robustly defend the secretary of state’s decision to prevent the Scottish government’s Gender Recognition Reform Bill from becoming law.

“We are clear that the proposed legislation would have an adverse effect on reserved matters, including on the operation of the law as it applies to Great Britain-wide equalities protections.”

Self-ID

The Scottish bill—championed by then-First Minister and Scottish National Party (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 on winter pressures in the NHS, 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 Waste’

Sturgeon stepped down as first minister and SNP leader in March 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.

Nicola Sturgeon, then SNP leader and Scottish first minister, and husband Peter Murrell pose after casting their votes in the 2019 General Election at Broomhouse Park Community Hall, Glasgow, Scotland, on Dec. 12, 2019. Andrew Milligan/PA Media

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

Following the UK government’s veto of the gender reform bill, Yousaf said on April 12 that legal action was “now our only means of defending our Parliament’s democracy from the Westminster veto.”

But his decision has been opposed by senior figures in the SNP, including former leadership contenders Kate Forbes and Ash Regan.

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 journalists at Holyrood on Thursday, Yousaf was asked how much money he would be prepared to “waste” on the legal challenge.

He said: “It’s not a waste. I engaged in this court process because I’m not prepared to accept a Westminster veto over legislation that’s passed by a majority.

“I won’t say much more of course because we have engaged in that court proceeding.”

PA Media contributed to this report.