The Scottish Government announced on Wednesday that it would seek a judicial review of the British Government’s decision to block the proposed Gender Recognition Reform Bill. The bill, passed in December by Scotland’s devolved parliament, would make it easier for individuals to change their legal gender by introducing a self-identification process. The Scottish government’s challenge to the veto, known as ‘Section 35,’ marks the first time that the British government has invoked its power to veto a Scottish bill.
The proposed bill would remove the need for a medical diagnosis of gender dysphoria and lower the minimum age for legal gender change from 18 to 16. The Scottish National Party’s Humza Yousaf, who became Scotland’s first minister two weeks ago, had pledged to challenge the veto. “The use of Section 35 is an unprecedented challenge to the Scottish Parliament’s ability to legislate on clearly devolved matters, and it risks setting a dangerous constitutional precedent,” said Shirley-Anne Somerville, Scotland’s Social Justice Secretary.
The British government argued that the passage of the bill into law would have a “significant impact” on equalities matters across Britain. Scotland’s Social Justice Secretary rejected this claim and emphasized that the bill aimed to protect the rights of transgender individuals. “In seeking to uphold the democratic will of the parliament and defend devolution, Scottish Ministers will lodge a petition for a judicial review of the Secretary of State for Scotland’s decision,” she said.
The Scottish government’s legal challenge is significant, as it challenges the limits of devolved powers and the relationship between the Scottish and British governments. The petition for judicial review will be made to a judge in the Outer House of the Court of Session, Scotland’s top civil court.
The proposed Gender Recognition Reform Bill has been controversial within the Scottish National Party, with both of Yousaf’s rivals in the leadership race criticizing the bill during the campaign. However, the Scottish government’s challenge highlights the importance of transgender rights and the need to protect vulnerable communities. The judicial review will determine the future of the bill and have significant implications for the rights of transgender individuals across the United Kingdom.