Just before Christmas 2022, the Scottish Parliament, after much consultation and debate passed the Gender Recognition Reform Bill. However reports circulating that the UK Government plans to block the Bill becoming an Act.
The Scottish Government had an overwhelming mandate to reform the Gender Recognition Act. The reforms are one of the most consulted on in the Scottish Parliament’s history, and the new law was passed by a resounding cross-party majority, with support from MSPs in all parties. The Bill has been subject to extensive, appropriate scrutiny that has closely considered safeguards and interaction with UK-wide legislation, with almost 150 amendments debated and voted on. In May of 2022, the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee undertook ten weeks of detailed evidence hearings on the proposals, hearing from a wide range of witnesses both supporting and opposed to the reforms. The UK Government has had more than six years to engage constructively with the Scottish Government over the proposals. For the UK Government to seek to block implementation of this Act would be disastrous for trans people, who deserve far better from their government.
It would also profoundly undermine relationships with the Scottish Govt and damage the UK’s international reputation as a rights respecting nation. It will be yet another example of hampering progress on LGBTQ+ rights and undermine the Prime Minister’s pledge to govern with compassion. The UK Government already recognises equivalent birth certificates from all EU/EEA countries, including countries which have a de-medicalised model of legal gender recognition. To refuse to recognise Scottish certificates would be a mistake, fly in the face of international best practice and come across as spiteful. We hope this is the not the approach the Prime Minister wishes for the UK Government to take.
Trans rights are human rights – no more, no less. They do not diminish the rights of any other group e.g. women. Unfortunately gender critical people have been spreading misinformation about these reforms and engaging in scaremongering. All these reforms do is enable trans people to marry and die in the gender with which they identify.