Scottish Labour leader Anas Sarwar has refused to say if he would vote for Holyrood’s Gender Recognition Reform Bill again.
He said he continued to support the principle of the legislation but would not answer when asked three times if he would back it at Holyrood, he refused to say.
Labour MSPs were whipped to vote for the legislation which passed through Holyrood last December.
READ MORE: Court date set for challenge to UK veto over gender reform bill
Mr Sarwar's comments came as the Scottish and UK governments prepare for a legal battle over the law which aims to simplify the process for obtaining a Gender Recognition Certificate (GRC).
The Bill removes the need for a medical diagnosis of gender dysphoria, it also reduces the length of time someone would need to live in their acquired gender from two years to less than 12 months and lowers the minimum age for applications from 18 to 16.
For the first time in devolution, Scottish Secretary Alister Jack made an order under Section 35 of the Scotland Act to stop the legislation from receiving royal assent.
He said the UK Government had concerns that the new law, and the lack of medical gatekeeping, would have an “adverse impact” on UK-wide equalities legislation.
Scottish ministers are challenging that at a judicial review, which is due to be heard next month.
If they are unsuccessful, the legislation could come back to MSPs.
READ MORE: Scottish Labour faces 'nightmare scenario' over gender law court fight
Speaking to reporters in Glasgow on Thursday, Mr Sarwar said: “I’ve been reflective about this since the passage of the GRR Bill and I’ve said it feels like everybody has lost.”
"I don't think our trans community feel any more protected since the passing of the GRR Bill," he added.
"I don't think women feel any more reassured since the passing of the GRR Bill, but I still continue to believe that it's right for us to want to remove the indignities and the humanities in the process of obtaining a GRC."
Anas Sarwar has said 'everybody has lost' since the passing of Scotland’s gender reforms as he suggested he would not vote for the bill again in its current form. https://t.co/xkT3gmC5fe pic.twitter.com/blbqV3sZHB
— STV News (@STVNews) August 17, 2023
He continued: "We still have work to do to make sure that we are protecting single-sex spaces based on biological sex, to make sure we have stronger protections when it comes to sex offenders - when it comes to those convicted of sexual offences, for example, rape - and I think the government should reflect that they didn't go far enough and accepting amendments.
"And we should allow the Equality and Human Rights Commission to do its job, to look at whether any inconsistencies in legislation and both governments commit to addressing those inconsistencies, but right now, everybody's lost."
READ MORE: Labour rules out self-id in U-turn on gender recognition reform
Last month UK Labour u-turned on their support for self-ID, insisting that there needed to be some form of medical process for anyone looking to obtain a GRC.
Sir Keir Starmer said the change in policy was a result of the controversy surrounding the Holryood Gender Recognition Reform Bill.
Scottish Labour has insisted that they remain committed to a "de-medicalisation of the process in Scotland.”
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