In an unprecedented move, the UK government interfered in Scottish lawmaking by using its veto power to prevent the adoption of a contentious new law that would make it simpler for Scots to legally alter their gender.
The British government will use section 35 of the Scotland Act 1998 to halt the implementation of the gender-identification law that the Scottish parliament passed last month, according to Scottish Secretary Alister Jack, who made the announcement on Monday. According to the administration of Prime Minister Rishi Sunak, the separate Scottish law would make it “much more difficult” to enforce the rights outlined in the UK’s Equality Act.
According to Jack, more “fraudulent or bad faith applications” would be possible as a result of the conflicting regulations, in a letter to Nicola Sturgeon, the first minister of Scotland. He stated that transgender persons “deserve our respect, support, and understanding” while they go through the procedure to alter their legal sex. The legislation’s effects on the functioning of Great Britain-wide equalities protections and other reserved subjects are the subject of my conclusion today.
According to the BBC, the Scottish government plans to appeal the decision, potentially through a judicial review, by arguing that the Scottish measure wouldn’t have an impact on how the UK Equality Act operates.
London’s action was described by Sturgeon as “political” and as a “full frontal attack” on Scotland’s parliament. She told reporters on Monday that Sunak’s administration is “using trans people, already one of the most disadvantaged, stigmatized groups in our society, as a political weapon.” The “outrageous” decision, according to Scottish Social Justice Secretary Shona Robinson, “marks a bad day for trans rights and a dark day for democracy in the UK.”
Given widespread opposition to the proposal, blocking it would increase Sunak’s Conservative Party’s support in Scotland. About two-thirds of Scotts, according to a December survey, were against the measures.
After just three months of residing as their selected gender, the law would allow citizens of Scotland to legally alter their gender on official records. The minimum age to get a gender recognition certificate would be lowered from 18 to 16, and no psychiatric diagnostic or other type of proof would be necessary. Following approval, applicants would also be given a three-month “reflection time” in case they decided to return to their original gender.
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