Transgender

CARE for Scotland: MSPs sending false message by passing gender bill

Edinburgh skyline

After days of debate, including unprecedented late-night sittings, MSPs today passed the controversial Gender Recognition and Reform (Scotland) Bill by 86-39 MSPs.

The bill was supported by the SNP-Green Scottish government, Labour and the Liberal Democrats, and faced staunch opposition from the Scottish Conservatives.

Cries of 'shame' were heard from the public gallery when the result was announced.

Scottish First Minister, Nicola Sturgeon, dismissed concerns from the Conservative Party, feminist groups and some of her own MSPs that the reform will endanger women and girls and put them at risk, particularly from sex predators looking to exploit the reform and enter women’s spaces.

What changes can we expect?

The legislation, which is expected to be implemented at some point in 2023 will result in the following changes:

  • The minimum age for someone applying for a Gender Recognition Certificate (GRC) is lowered from 18 to 16.
  • The requirement for a medical diagnosis of gender dysphoria is removed.
  • Someone need only live in their 'acquired gender' for three months, or six months if you are 16 or 17, rather than two years.

The reforms mean the process for a GRC in Scotland diverges significantly from the rest of the UK.

West­min­ster set to challenge

While the parliamentary process might be over in Scotland, as Stage 3 is the final part of a Bill's journey through the Scottish Parliament, it's possible the Bill will be challenged by UK government ministers and the courts.

Alister Jack, Secretary of State for Scotland, stated that the UK Government may use powers to block the legislation.

“We share the concerns that many people have regarding certain aspects of this Bill, and in particular the safety issues for women and children. We will look closely at that, and also the ramifications for the 2010 Equality Act and other UK wide legislation, in the coming weeks — up to and including a Section 35 order stopping the Bill going for Royal Assent if necessary.”
Alister Jack


CARE for Scotland's Parliamentary Officer, Michael Veitch, said:

"It is desperately sad that in the days leading up to Christmas, as we celebrate the coming of light and truth into the world, that Holyrood has endorsed legislation that over-rides reality and could cause significant harm.

"MSPs are sending a false message to children and young people that their biological sex is not a fixed reality but entirely a matter of personal choice, thereby encouraging them to make potentially life-altering changes to their bodies.

"Thankfully many parliamentarians, including some brave Government back-benchers, were prepared to take a stand for truth, regardless of the cost.”

ENDS

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