The Scottish Government will not appeal the judgment in the judicial review challenging the UK Government’s use of a Section 35 order to block the Gender Recognition Reform (Scotland) Bill.
The UK Government’s intervention and subsequent judicial ruling means the Bill cannot proceed to Royal Assent and be enacted.
Social Justice Secretary Shirley-Anne Somerville said: “The Gender Recognition Reform Bill was passed by a majority of the Scottish Parliament and we will not be withdrawing it. However, the UK Government’s unprecedented use of Section 35 means the Bill cannot proceed to Royal Assent.
“If the current UK Government is willing to work together and indicate the changes they would find acceptable we will happily sit down with them. However, it seems that my counterparts at Westminster will not do this, and it remains to be seen what a future government will do.
“We are unwavering in our commitment to supporting and empowering LGBTQI+ people in Scotland. We will continue to work across government towards a society that is equal and fair, and where everyone can live as they are.
“Devolution is fundamentally flawed if the UK Government is able to override the democratic wishes of the Scottish Parliament. We will be ready to challenge its use on future Scottish legislation, and to protect the democratic will of this parliament.”
The UK Government will seek expenses from the Scottish Government for the Section 35 legal battle over the Gender Recognition Reform Bill, Alister Jack has confirmed.
Scottish Trans told supporters: “We are bitterly disappointed about this, as we know many of you will be. The current process to update the sex recorded on our birth certificates is intrusive and difficult.
“Last year’s Bill was not perfect, but it was a huge step forward towards a much fairer and simpler process – so that in those rare but important moments in life where you need your birth certificate you can hand over ID that shows who you truly are.
“So many of us worked really hard to help people understand why the law needed to change – and it’s important to remember that we succeeded, with a large majority of our MSPs voting in favour of the changes last year.
“We’re pleased that the Scottish Government intends to keep the Bill on the Scottish Parliament’s books, meaning that even though it can’t currently gain royal assent and become law, it could at a later date if the Section 35 order was lifted. While it’s clear that there is no path forward with the current UK Government to removing the block on the Bill, we hope that we won’t have to wait too long until a time where the political situation changes.
“When it does, we will be strongly urging the Scottish and UK Governments to get round the table so that the Bill can move forward, and so Scotland can join the growing number of places around the world with progressive, fair and modern laws that respect trans people’s human rights.
“We were pleased to hear the Scottish Government restate their support for trans equality, and to other commitments they have made to improve our lives.
“There’s a lot more to do to make Scotland (and the wider world) a place in which trans people can live happy and healthy lives beyond gender recognition reform, and we will be working as hard as we can to contribute to those positive changes.
“This is a setback and a disappointment – but once we’ve had a minute to catch our breath and rest over the holidays, we will get right back to work.
“We know that some of you will have been holding off on applying for a Gender Recognition Certificate using the current system, in the hope that you could use the fairer and simpler process that, if the UK Government had made a different choice, might even have just about been in place by now.
“Given the uncertainty around when things might change, if you want to apply for a GRC we think that the best thing to do would be to use the existing application process. We are always happy to help you make sense of how to apply – so please be in touch if you need us.
“We know that others might be unable to apply using the current process, because of all of the barriers it contains. We’re thinking of you today. If you’re upset, frustrated, disappointed – we are too. Please reach out and talk to the people around you if you need to.
“Some places you can reach out are:
- LGBT Health and Wellbeing’s helpline: https://www.lgbthealth.org.uk/ser…/lgbt-helpline-scotland/ – Tuesdays, Wednesdays, Thursdays (12-9pm), Sundays (1-6pm)
- Switchboard UK https://switchboard.lgbt/ – 10am – 10pm everyday
- LGBT Foundation https://lgbt.foundation/helpline – weekdays 9am – 9pm, Saturday and Sunday 10am – 5:30pm.
“Please note that these services may be affected by holiday opening hours.
“Our love, strength, and solidarity to all x”
Social Justice Secretary statement
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