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Scottish ministers to challenge UK government over gender bill block

12 April 2023
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Scottish ministers have said they will take the UK government to court over its block of controversial gender legislation earlier this year.

The Scottish Government will ask for a judicial review of a decision to block the Gender Recognition Reform (Scotland) Bill in January.

The legislation seeks to allow people aged 16 and above in Scotland to self-declare their legal sex, dispensing with medical gate keeping.

Under current legislation - the Gender Recognition Act 2004 - a person may only change legal sex if they are diagnosed with "gender dysphoria".

Applicants are also required to live in their "acquired gender" for a period of two years and be interviewed by a panel of doctors.

The Scottish bill threatens safeguarding as it would allow men to easily gain legal recognition as women and seek access to women-only spaces.

CARE has raised concerns about the bill's impact on children. Speaking last year, Michael Veitch, Scottish Parliamentary Officer at CARE, said:

“We do not accept the narrative of proponents that this Bill is essentially a tidying-up exercise aimed at reducing the bureaucracy of acquiring a Gender Recognition Certificate.

"On the contrary, by removing medical requirements, and reducing the statutory time limit to a nominal three-month period, the Bill introduces a de-facto system of ‘self-identification’.

“If passed, the Bill would send a very clear message to children and young people that their biological sex is not a fixed reality but entirely a matter of personal choice.

"'Self-identification’ could encourage them to make potentially life-altering changes to their bodies. We also have concerns about the bill’s impact on sex-based rights and conventions, and freedom of expression.”

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