THE CATHOLIC Church has been criticised after claiming elements of plans to reform gender recognition are “detrimental to the interests of society, communities and family”.
The Scottish Government has tabled plans to reform the process for trans people to obtain a gender recognition certificate, a document not widely required, in a bid to make it a less traumatic process to go though.
Under the plans, backed by all political parties at Holyrood except the Conservatives, the requirement for psychological examination and a gender dysphoria diagnosis would be removed and the lower age limit lowered from 18 to 16 years old.
But Catholic bishops have criticised some of the proposed reforms, claiming they have concerns about the physical and mental welfare of children who state a desire to change their legal sex.
In a document, the bishops claim attempts to “redefine what it means to be male or female cannot be done without creating legal confusion, not least in implying there is nothing distinctive about womanhood or manhood”.
The bishops’ document contrasts sharply with the official approach of the Church of Scotland, as well as the United Nations independent adviser on the issue, the World Health Organisation and the Scottish Human Rights Council.
In its submission earlier this month to Holyrood’s Equalities, Human Rights and Civil Justice Committee, the Church of Scotland said it backed the proposed removal of a medical examination to obtain a gender recognition certificate and that it was “convinced of the evidence that the removal of the medical diagnosis is needed”.
READ MORE: Church of Scotland backs removal of medical exam for trans gender certificate
But Catholic bishops have stated that “the Church is pastorally sensitive to the experience of some who… desire to have a body and identity other than their biological gender and may begin to behave in ways culturally associated with this orientation”.
The Church of Scotland backed the removal of psychological assessments earlier this month.
In a submission to MSPs, the Kirk’s David Bradwell said that “a great deal of time has passed” since the last legislation in 2004 and said there had been “significant developments in the public understand[ing] of the issues facing transgender people”.
He told Holyrood’s Equalities, Human Rights and Civil Justice Committee that the Church of Scotland was “convinced of the evidence the removal of the medical diagnosis is needed”.
Bradwell said: “In the light of the past 18 years of experience, we think it is right that Scotland should consider a new approach to the process, one which puts greater emphasis on the pastoral and emotional needs of the person applying for a gender recognition certificate, and which brings Scotland’s process into line with that of an increasing number of other jurisdictions internationally.”
He added: “The understanding of the World Health Organisation that transgender or diverse gender identity is not a mental or behavioural disorder needs to be recognised.”
READ MORE: Kevin McKenna: The church’s document on gender contains both truth and wisdom
Last week, MSPs also heard evidence from Ian Duddy, the chairman of the Scottish Human Rights Commission, who insisted that “self-determination has emerged as the necessary human rights standards”, saying that evidence shows that the “process must not require a medical diagnosis” to obtain a gender recognition certificate.
He added: “The changes set out in this Bill will bring Scotland closer to satisfying international legal standards and will not jeopardise the rights of others.”
Scottish Greens equalities spokesperson, Maggie Chapman, said: "The current system for getting a gender recognition certificate is not fit for purpose.
“It is intrusive, lengthy, expensive, and causes unnecessary distress, trauma and anxiety. It relies on an outdated diagnosis of gender dysphoria which the World Health Organisation no longer classifies as a ‘mental or behavioural disorder’.
“It is damaging to trans people’s mental health and can put their lives in danger.”
She added: "The Greens secured a commitment to reform this process as part of the Bute House Agreement with the Scottish Government.
“I am pleased that we are currently scrutinising the draft legislation, and will be working to improve the system to allow trans people to live as themselves, including when they marry, pay their taxes or get their pension.
“That's what a human rights approach based on love, compassion and human dignity must aim to do, and that's what many other countries around the world have already successfully done. It's time for Scotland to catch up."
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