London will veto a Scottish law that would facilitate the recognition of gender change

First modification: 01/17/2023 – 00:10

The United Kingdom advanced this Monday, January 16, that it will block a law approved in December 2022 by the Scottish autonomous Parliament and that allows, among other things, to lower the age required to request recognition of their gender change from 18 to 16 years. It is about implementing a gender self-identification model.

The law eliminates the requirement of a medical and psychiatric diagnosis to apply for a gender recognition certificate and reduces the period during which an applicant must have lived with their new gender from two years to three months.

But according to the British government’s Secretary of State for Scotland, Alister Jack, the law could have an “adverse impact” on equality legislation across the UK.

“My decision today has to do with the consequences of (Scottish) legislation on the operation of equality protection in the whole of the United Kingdom and other reserved matters,” the British minister said in a statement.

“Transgender people who are going through the process of changing their legal sex deserve our respect, support and understanding,” the minister added.

Opponents of the law pointed to risks of abuse in the gender recognition process, which could jeopardize the safety of women, such as in places reserved for them.

On the contrary, a letter signed by Amnesty International Scotland and Scottish women’s associationsargues that “there is no conflict between the rights of trans people and women or any other group in Scotland, and that the need to reform the GRA (gender recognition reform) in line with self-identification principles is pressing.” “.

Jack plans to place an order to veto the legislation in the House of Commons on Wednesday using section 35 of the Act which established the autonomy of the Scottish Parliament in 1998. Scotland’s Chief Minister Nicola Sturgeon has warned that she will defend the text in the Supreme Court if necessary.

Section 35

Section 35 of the Scotland Act 1998 has been referred to as the ‘veto power’ of the British Government’s Secretary of State for Scotland. It can be used where the secretary has “reasonable grounds to believe” that a bill would change legislation on matters that fall within the purview of the UK central government. Some of these reserved powers are the Crown, defense and foreign affairs.

If Section 35 is used, although the Scottish Parliament has passed the Gender Recognition Reform Bill, it will not become law.

The decision cannot be overturned by the Scottish Parliament but the Scottish Government may challenge the order in court.

“Front attack”, according to Scotland

Scottish Chief Minister Nicola Sturgeon denounced the decision, arguing that it does not respect Scotland’s home rule.

“This is a frontal attack on our democratically elected Scottish Parliament and its ability to make its own decisions on transferred matters. The Scottish Government will defend the legislation and defend the Scottish Parliament. If this Westminster veto is successful, it will be the first of many “, he tweeted.

The Scottish Green Party spokesperson for equality, Maggie Chapman, declared on Tuesday that it was a black day for the “decentralization agreement (of powers), for democracy and for the rights of trans people.”

“I am very angry about this outrageous move. It is an attack on decentralization, on our democracy and a weapon of hate against trans people. It is devastating, but not surprising that they are doing this to a minority. We will fight this. We are, unequivocally, with our trans brothers and sisters,” Chapman tweeted.

The decision by British Prime Minister Rishi Sunak’s government could lead to a legal battle between London and the Edinburgh government. The High Court recently denied the Scottish Government the right to hold a new independence referendum.

With EFE, AFP and local media