Scottish gender recognition law blocked by London

Adopted in December by the Scottish Parliament after heated debates, a gender reassignment recognition law removes the requirement for a medical and psychiatric diagnosis and lowers the minimum age for such a request to 16 years.

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Text by: Emeline Vin Follow

3 mins

The British government is once again at the heart of a disagreement with Scotland.

The northern nation, with its own parliament, can legislate on certain issues (such as health, justice or education), but remains subject to the authority of the government in London, which sometimes leads to conflicts, such as c This is the case for a Scottish government bill: the Gender Recognition Act.

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From our correspondent in London

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The Gender Recognition Bill plans to facilitate gender change in the eyes of the administration.

Among other things, it removes the need to obtain a medical diagnosis of gender dysphoria (a sometimes long and violent process), and it makes gender change possible from the age of 16.

Transgender people will no longer need to prove that they live in the gender with which they have identified for two years, the period is reduced to three months, six for minors.

The law would go against the notion of equality between all Britons

According to the Scottish government, 300 gender change certificates could now be issued each year, compared to around ten today.

The debate in the Scottish Parliament has been fierce: opponents fear in particular that violent men will be recognized as women to access single-sex spaces and more easily attack their victims.

But the text was finally approved and submitted to the royal assent, necessary to become law. 

But the "centralized" British government refused to send the text to King Charles III for approval.

This is the first time this has happened in 25 years of decentralization.

The reason is both constitutional and political.

The conservative government of Rishi Sunak does not consider minority rights as priorities in general, but above all the executive is worried about the consequences of the Gender Recognition Bill.

Especially on equality between Britons.

The risk is that gender recognition certificates may not be recognized anywhere in the UK depending on where they were issued, in England, Wales or Scotland.

And so that a person is officially a woman for example in Scotland, but a man in the rest of Great Britain. 

The Westminster blockade experienced as a humiliation by Scotland

A real administrative headache, with a potentially serious impact, in cases such as prisoner transfers or discrimination cases.

The Scottish government has already announced that it will challenge the blockage in court.

And as often in Scotland, the question of independence is not far away.

And this is also the angle of the defense of Nicola Sturgeon, the Scottish Prime Minister.

She considers the activation of Article 35 by London as a “ 

 ” on Scottish democracy: “

”.

Understand: Edinburgh fears that if justice validates the blocking, London will take the opportunity to counter even more Scottish laws and undermine the authority of the local Parliament.

A good reason, according to the nationalist party, to continue pushing for Scottish independence. 

This is a full-frontal attack on our democratically elected Scottish Parliament and it's ability to make it's own decisions on devolved matters.

@scotgov will defend the legislation & stand up for Scotland's Parliament.

If this Westminster veto succeeds, it will be first of many https://t.co/3WXrjyivvC

— Nicola Sturgeon (@NicolaSturgeon) January 16, 2023

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