TRANS people could be subject to “vexatious and malicious” applications to have gender recognition certificates revoked by family members who do not approve, campaigners have warned.
LGBT groups have pointed to a measure in the Scottish Government's Gender Recognition Act plans that could lead to relatives of trans people who do not agree with them changing gender applying to the courts to have the paperwork revoked.
The SNP-Greens Government plans, supported by all Holyrood parties except the Scottish Conservatives, would allow the process for trans people obtaining a gender recognition certificate to be sped up and less traumatic for people.
But concerns have been raised about part of the proposals that would expand those who could apply to the courts from the current limited spouses, civil partners or the registrar general to a more wider interested people.
The fears come after the latest Scottish social attitudes survey found almost one third of people would be unhappy is a family members married a trans person, while recent polling shows that 12 per cent of Britons would be strongly opposed to a family member coming out as trans.
Colin Macfarlane, director of Stonewall Scotland, said he has “strong reservations” about section 85 of the legislation that would allow someone with “an interest in a gender recognition certificate” to apply to the courts for revocation.
He said: “We are extremely concerned that the provision could enable family members who are not supporters of a person’s decision to transition to make vexatious and malicious applications to the sheriff to have the gender recognition certificate revoked.
“We are also aware that there are groups that are strongly opposed to reform of the Gender Recognition Act 2004 and who—let us be fair—do not believe that trans people are valid.
“We are concerned about whether they might be classed as people with an interest or whether individuals in those groups might be classed as a person with an interest and able to make vexatious applications to have GRCs revoked.”
Vic Valentine, manager of the Scottish Trans Alliance, said there are "totally reasonable” reasons for revocation.
They said: “It is totally reasonable for a certificate to be challenged if someone thinks that it has been applied for on a fraudulent basis.“However, we need to be honest about the situation with regard to the acceptance of trans people in society.“There is real concern about the burden of proof on someone applying to have a GRC revoked and how they demonstrate that the case that they are making is worthy of consideration.”
Valentine added that trans people could be forced before a court to "demonstrate that they have not fraudulently applied" for a certificate.
They said that this could result in "a kind of in-court conflict scenario in which they have to argue with a family member or another person who has demonstrated an interest in the matter".
Valentine added: “That would be a significantly more difficult and traumatising process than the current one.
“It would be much more appropriate to continue to limit those who can apply for a certificate to be revoked to spouses and civil partners or the registrar general.”
Scottish Greens equality and human rights spokesperson, Maggie Chapman, said: “The introduction of the Gender Recognition Reform Bill was a key commitment in the Bute House Agreement and I am pleased that it is now moving through the parliamentary process.
“As part of that process the bill will be thoroughly scrutinised and amendments proposed, discussed and debated. I understand the concerns around the definition of a ‘person who has an interest’ and will seek to work with colleagues to tighten this definition as the bill progresses.”
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