Gender Recognition Reform (Scotland) Bill

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Trans rights activists marching in the 2018 Glasgow Pride Parade

The Gender Recognition Reform (Scotland) Bill is a proposed Act of the Scottish Parliament. Introduced to the Scottish Parliament by the Scottish Government, the bill seeks to amend the Gender Recognition Act 2004 of the Parliament of the United Kingdom, making it easier for people to legally change their gender.[1] The proposed changes have been repeatedly delayed due to the coronavirus pandemic,[2] as well as opposition to the changes.[3]

Background

See also: Goodwin v United Kingdom and Gender Recognition Act 2004

In July 2002, the European Court of Human Rights ruled in the Goodwin v United Kingdom case that a trans person's inability to change the sex on their birth certificate was a breach of their rights under Article 8 and Article 12 of the European Convention on Human Rights. Following this judgement, the UK Government had to introduce new legislation to comply.

In a June 2020 report, the European Commission classified the legal procedures for gender recognition of 28 European countries into 5 categories based on the barriers to access. This placed the UK’s Gender Recognition Act 2004 in the second from bottom category with "intrusive medical requirements" that lags behind international human rights standards.[4] The procedures have also been described as costly, bureaucratic and time-consuming for trans people with successful applicants having to wait two years until they can legally change their gender.[5]

In 2016, every political party returned to the Scottish Parliament had committed to reforming the Gender Recognition Act. [6] The governing Scottish National Party, which had committed to “review and reform gender recognition law, so it’s in line with international best practice for people who are Transgender”,[7] launched a series of consultations on their proposals. The first, on the principles, in 2017, received over 15,500 responses, of which 60% were positive.[8] In June 2019, then Equalities Secretary Shirley-Anne Somerville announced that the bill would be postponed due to the coronavirus pandemic,[9][failed verification] but the draft bill would be subject to public consultation. The second consultation opened in November 2019, and received over 17,000 responses, the majority of which were positive,[10] but the bill was postponed.[11]

After the 2021 Scottish Parliament election, the SNP and the Scottish Greens formed a power-sharing agreement and committed to introducing a Gender Recognition Reform Bill before the end of May 2022.[12]

Before it was introduced to the Scottish Parliament, the bill has been opposed by gender critical groups such as For Women Scotland.[13] The bill is supported by feminist and LGBT and human rights campaign organisations, including Amnesty International, Stonewall, Rape Crisis Scotland, Equality Network, Engender and Scottish Women's Aid.[14]

A 2021 poll conducted by Survation, commissioned by gender critical policy analysts Blackburn Hunter Mackenzie, found that majority of Scottish voters oppose transgender people declaring their own gender without a medical diagnosis[15] However, another poll commissioned for the BBC, conducted by Savanta ComRes, found 57% of Scots supported making it easier to obtain a Gender Recognition Certificate. The same poll found that over 40% of people supported self-identification, compared to 37% against it.[16]

Legislative process

Introduced in March 2022, the Scottish Government’s bill would lower the age people can legally change gender from 18 to 16, would not require a medical diagnosis of gender dysphoria, would reduce the waiting time from two years to six months, and would require applicants to make a statutory declaration that they wished to remain in their acquired gender for life.[17] Alongside the SNP and Scottish Greens, the proposals are supported in the Scottish Parliament by Scottish Labour and the Scottish Liberal Democrats and opposed by the Scottish Conservatives. [18]

The bill was consulted on for a third time as the Scottish Parliament’s Equalities, Human Rights & Civil Justice Committee called for views and ran thirteen evidence sessions to scrutinise the bill.[19][20] Their stage one report, recommending that the general principles be approved, was welcomed by Stonewall Scotland, the Scottish Trans Alliance, and the Equality Network.[21]

Opposition to the bill

Resignation of Ash Regan

On 27 October 2022, ahead of the Scottish Parliament’s stage one vote, a vote on the principles of the bill, the Scottish National Party's community safety minister Ash Regan resigned, claiming she was concerned that the bill could "have negative implications for the safety and dignity of women and girls."[22] In her letter accepting Regan's resignation, the First Minister Nicola Sturgeon stated that Regan had not approached her or the cabinet secretary leading on the legislation to voice those concerns.[23] That day the proposed bill was approved at stage one by a vote of 88 to 33.[24]

Anti-trans opposition to the proposals

During the 2021 Scottish Parliament election, the issue of Gender Recognition Reform to include provisions for self-identification became a point of heightened political debate between political parties as well as among civil actors. A number of anti-trans organisations such as For Women Scotland, Fair Play for Women, LGB Alliance campaigned against the proposals. Anti-trans campaigning efforts by these organisations that focusing on perceived and manufactured concern for women's safety have effectively attempted to stir up public opposition to the proposals.[25]

See also

LGBT rights in Scotland

References

  1. ^ "Gender Recognition Reform (Scotland) Bill: consultation analysis". www.gov.scot. Retrieved 11 January 2022.
  2. ^ Duffy, Nick (21 December 2021). "Move to system 'closer to self-declaration' for gender recognition, MPs recommend". inews.co.uk. Retrieved 11 January 2022.
  3. ^ Green, Chris (20 June 2019). "Scotland waters down changes to gender laws". inews.co.uk.
  4. ^ "Legal gender recognition in the EU: the journeys of trans people towards full equality". European Commission - European Commission. Retrieved 9 October 2020.
  5. ^ Boothman, John; Allardyce, Jason (19 December 2021). "Ministers face public backlash over gender recognition reform plans". The Sunday Times. Retrieved 11 January 2022.
  6. ^ Logan, Caitlin. "GRA Bill Scotland: Five trans people on what the legislation means to them". www.thenational.scot. Retrieved 3 November 2022.
  7. ^ "SNP Manifesto 2016: our action for LGBTI people". SNP Manifesto: our action for LGBTI peoplen.
  8. ^ "Policy: LGBTI and gender recognition". www.gov.scot. Retrieved 3 November 2022.
  9. ^ Duffy, Nick (21 December 2021). "Move to system 'closer to self-declaration' for gender recognition, MPs recommend". inews.co.uk. Retrieved 11 January 2022.
  10. ^ "Policy: LGBTI and gender recognition". www.gov.scot. Retrieved 3 November 2022.
  11. ^ Young, Gregor (20 August 2021). "SNP-Green deal to bring in gender reform bill in 'first year' of parliament". thenational.scot. Retrieved 3 November 2022.
  12. ^ Young, Gregor (20 August 2021). "SNP-Green deal to bring in gender reform bill in 'first year' of parliament". thenational.scot. Retrieved 3 November 2022.
  13. ^ Horne, Marc (20 December 2021). "Gender reforms will cost you, SNP and Greens told". The Times. Retrieved 11 January 2022.
  14. ^ Horne, Marc (31 May 2022). "Gender reforms will cost you, SNP and Greens told". The Herald. Retrieved 3 November 2022.
  15. ^ "Majority of Scots against gender 'self-ID' plans". Holyrood. 14 December 2021. Retrieved 11 January 2022.
  16. ^ "Scots support gender reform but reject some proposals – the polling results in depth". The National. Retrieved 2 March 2022.
  17. ^ "Gender recognition reform bill tabled at Holyrood". BBC. 3 March 2022. Retrieved 3 November 2022.
  18. ^ "Gender recognition reform bill tabled at Holyrood". BBC. 3 March 2022. Retrieved 27 October 2022.
  19. ^ "MSPs call for views on Gender Recognition Reform Bill". Law Society of Scotland. 22 March 2022. Retrieved 3 November 2022.
  20. ^ "Gender Recognition Reform (Scotland) Bill". Parliament.Scot. Retrieved 3 November 2022.
  21. ^ Garton-Crosbie, Abbi (6 October 2022). "Gender reforms will cost you, SNP and Greens told". The National. Retrieved 3 November 2022.
  22. ^ "SNP minister QUITS in protest over transgender law reform bid". The National. Retrieved 27 October 2022.
  23. ^ "SNP Minister Ash Regan resigns over Scottish Government gender recognition reforms". The Daily Record. Retrieved 27 October 2022.
  24. ^ Brooks, Libby (27 October 2022). "SNP suffers biggest ever backbench revolt over transgender bill". The Guardian. Retrieved 3 November 2022.
  25. ^ Turnbull-Dugarte, Stuart; McMillan, Fraser (2022). ""Protect the women!" Trans-exclusionary feminist issue framing and support for transgender rights". Policy Studies Journal. doi:10.1111/psj.12484.


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