LGBTQ RIGHTS ARE HUMAN RIGHTS

Sunak Blocks Scotland’s Gender Bill, Angering Nationalists



Kitty Donaldson
Mon, January 16, 2023

(Bloomberg) -- UK Prime Minister Rishi Sunak blocked transgender rights legislation passed by the Scottish Parliament, setting up a major constitutional row and fanning nationalist sentiment in Scotland.

Sunak’s administration said on Monday that the Scottish legislation — which makes it easier for transgender people to self-declare as a different gender from the one they were assigned at birth — would have an “adverse impact” on Great Britain-wide equalities legislation.

“I have not taken this decision lightly,” Scottish Secretary Alister Jack said in a statement. “The bill would have a significant impact on, amongst other things, GB-wide equalities matters in Scotland, England and Wales. I have concluded, therefore, that this is the necessary and correct course of action.”

The veto sets the stage for a major constitutional clash between the Scottish National Party, which leads the administration in Edinburgh, and Sunak’s government. It’s the first time the UK has blocked any law passed by the Scottish Parliament since it was formed in 1999.

Scotland’s First Minister and SNP leader Nicola Sturgeon described the move as “a full-frontal attack on our elected Scottish Parliament,” in a tweet following the announcement.

The prime minister’s move is likely to feed into a renewed push for independence by Sturgeon’s nationalists — who for years have been calling for a second independence referendum following a failed bid in 2014.

Sturgeon has argued that Britain’s 2016 vote to leave the European Union — a move that was opposed in Scotland — has changed the calculation from 2014, when she described the plebiscite as a “once in a generation” vote.

Critics

Ahead of Sunak’s decision, Sturgeon said it would be an “outrage” if the UK chose to block the Scottish legislation, arguing the central government would be using trans people as a political weapon. She said the the gender reform bill was covered by powers devolved to Scotland.

The Scottish government is now is likely to challenge Sunak’s decision in the courts. Sunak, meanwhile, has been advised by his government lawyers that the bill affects UK-wide legislation on equalities, and that he was entitled to block it under Section 35 of the 1998 Scotland Act.

The Gender Recognition Reform (Scotland) Bill makes it easier for trans people to obtain a gender recognition certificate, and also cuts to 16 the minimum age at which they can self-declare as a different gender. It reduces the time required to live in their acquired gender before being recognized and removes the need for a medical diagnosis of gender dysphoria.

UK Says 262,000 People Identifed as Transgender in Census

“Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding,” Jack said. He added that if the Scottish government chose to amend the legislation, “I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.”

‘Intrusive’

Opponents of the controversial bill argue the changes fail to protect women’s rights and single-sex spaces and could allow violent males to “abuse” the system in environments such as women’s jails. Other critics say it is not appropriate to allow 16-year-olds to decide on such a profound change in their lives and the decision should be reserved for adults.

The Scottish legislation has also sparked concerns about so-called gender tourism to Scotland from other parts of the UK, whereby a transgender woman could legally change gender in Scotland, then use their new status to access female-only spaces in the rest of the country.

But the SNP’s Social Justice Secretary Shona Robison has argued the legislation is about making life easier for some of the most stigmatized people in society by removing “intrusive, medicalized and bureaucratic” processes for obtaining a gender recognition certificate.

--With assistance from Ellen Milligan.'

UK govt to veto Scotland's gender self-recognition law



JILL LAWLESS
Mon, January 16, 202

LONDON (AP) — The British government said Monday it will block a new law that makes it easier for people in Scotland to legally change their gender, sparking conflict with transgender rights advocates and the nationalist Scottish administration in Edinburgh.

Secretary of State for Scotland Alister Jack said he would prevent the bill from getting royal assent — the final formality that makes it law — because of concern it conflicts with “Great Britain-wide equalities legislation.” That legislation, among other things, guarantees women and girls access to single-sex spaces such as changing rooms and shelters.

The Scottish government is likely to challenge the decision at the U.K. Supreme Court.

Scottish First Minister Nicola Sturgeon called the decision by Prime Minister Rishi Sunak’s Conservative government “a full-frontal attack” on the Scottish parliament, which approved the bill last month.

“The Scottish Government will defend the legislation and stand up for Scotland’s Parliament,” she said on Twitter. “If this Westminster veto succeeds, it will be first of many.”

The Scottish bill allows people aged 16 or older in Scotland to change the gender designation on their identity documents by self-declaration, removing the need for a medical diagnosis of gender dysphoria.

It also cuts the time trans people must live in a different expressed gender before the change is legally recognized, from two years to three months for adults and to six months for people aged 16 and 17.

The legislation sets Scotland apart from the rest of the United Kingdom, where a medical diagnosis is needed before individuals can transition for legal purposes.

The Scottish National Party-led government in Edinburgh says the legal change will improve the lives of transgender people by allowing them to get official documents that correspond with their gender identities.

Opponents claim it risks allowing predatory men to gain access to spaces intended for women, such as shelters for domestic abuse survivors. Others argue that the minimum age for transitioning should remain at 18.

Scotland is part of the United Kingdom but, like Wales and Northern Ireland, has its own semi-autonomous government with broad powers over areas including health care.

This is the first time a U.K. government has blocked a Scottish law since the Scottish government and parliament were established a quarter century ago. The move will provide fodder for nationalists who want Scotland to break away from the U.K. and become an independent country.

Jack, the U.K. minister responsible for Scotland, said he had “not taken this decision lightly.”

“Transgender people who are going through the process to change their legal sex deserve our respect, support and understanding,” he said in a letter to Sturgeon. “My decision today is about the legislation’s consequences for the operation of GB-wide equalities protections.”

Shami Chakrabarti, a Labour Party member of the House of Lords and former director of the rights group Liberty, said Sunak’s government might be trying to stir up “culture wars” by stepping in, but legally “they may have a point.”

“It is arguable, at least, that what’s happened in Scotland has a potential impact on the legislation as it operates U.K.-wide,” she told the BBC.

Several countries around the world have legalized gender self-recognition, including Argentina, Canada, New Zealand, Denmark and Iceland. Last month Spain’s parliament approved a bill similar to Scotland’s.