UK To Veto Scottish Bill Which Makes Legally Changing Gender Easier

The UK government is planning to block a Scottish bill that would streamline the process of changing your legally recognised gender.

The bill, which was introduced by the Scottish National Party-led government and passed in December 2022, makes changing your legal gender easier by removing the need for a medical diagnosis of gender dysphoria, in favour of a self-identification process. It would also lower the age requirement from 18 to 16. 

An individual would have to live their declared gender for at least three months. If they are 16 or 17, the duration is six months. The bill also adds a “reflection period” of three months in which an individual can change their mind.  

UK Set To Invoke Section 35

Scottish Secretary Alister Jack is set to use Section 35 of the 1998 Scotland Act, a law that enables the British government to veto a bill that, they feel, will have,“ an adverse effect on the operation of the law as it applies to reserved matters.”

In a letter to Scottish First Minister Nicola Sturgeon, Jack wrote, “I have not taken this decision lightly. 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.

“If the Scottish Government chooses to bring an amended Bill back for reconsideration in the Scottish Parliament, I hope we can work together to find a constructive way forward that both respects devolution and the operation of UK Parliament legislation.”

Sturgeon: No Grounds To Challenge Legislation

In response, Sturgeon said it would “be an outrage” if Section 35 is invoked.

“In my view, there are no grounds to challenge this legislation. It is within the competence of the Scottish Parliament, It doesn’t affect the operation of the equality act, and it was passed by an overwhelming majority of the Scottish Parliament.”

“If there is a decision to challenge, then in my view it will be quite simply, a political decision, and I think it will be using trans people, already one of the most vulnerable, stigmatised groups in our society, as a political weapon.”

She tweeted, “This is a full-frontal attack on our democratically elected Scottish Parliament and its ability to make its own decisions on devolved matters. [The Scottish Government] will defend the legislation & stand up for Scotland’s Parliament. If this Westminster veto succeeds, it will be the first of many.”

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

If allowed to become law, the bill would make Scotland the first nation in the United Kingdom where legally changing your legal gender is done by self-declaration as opposed to a medical diagnosis.