Landmark ruling expected in Scottish gender reform legal battle

Lady Haldane's judgment is expected on Friday following two days of evidence heard in September.

STV News

8th Dec 2023

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A ruling on whether the UK Government’s veto of Scotland’s gender self-identification bill can stand is expected on Friday.

The Gender Recognition Reform (Scotland) Bill was passed by the Scottish Government by 86 votes to 39 following a heated debate.

The legislation is designed to streamline the process for people to obtain a gender recognition certificate – the official route to changing your legally-recognised sex.

But the UK Government blocked it from becoming law, claiming it could breach across reserved UK-wide equalities rules, which the Scottish Government denies.

The Scottish Government confirmed a legal challenge in spring, with a judgement from Lady Haldane set to come in on Friday after hearing two days of evidence in September.

Campaign groups have warned that the reforms – which seek to make the process for people to obtain a gender recognition certificate easier – could risk the safety of women and girls.

However, supporters of the changes insist that it is about simplifying the process and removing hurdles within the current requirements.

Under the reforms, the age limit for applications for a gender recognition certificate will be lowered from 18 to 16.

The UK government then stepped in to block the bill from becoming law using section 35 of the Scotland Act – preventing the bill from proceeding to royal assent.