LGBT charities have warned more action is needed to improve the lives of non-binary people despite a pledge from SNP ministers to investigate extending legal recognition to those who do not identify as male or female.
The Scottish Government has responded to recommendations from the non-binary working group.
Ministers accepted nine of the recommendations, partially accepted 15 and pledged to further consider another eight.
Three of the recommendations were rejected because they were deemed not to be deliverable.
The Scottish Government’s gender recognition plans, currently being considered by Holyrood, will make it easier and more dignified for trans people to obtain a gender recognition certificate – with the removal of a need for a psychiatric assessment and diagnoses of gender dysphoria.
But campaigners have previously warned that legal recognition has not been extended to non-binary people, under the Scottish Government’s plans.
Scottish Trans Alliance manager Vic Valentine, previously told MSPs that recognising non-binary people “would have meant that it was an ambitious law reform”.
They added: “The policy of legal recognition for non-binary people is definitely an aspect of the bill, I would potentially say the aspect of the bill, in fact that the whole of the trans community including trans men and trans women are most disappointed about.”
The Scottish Government has now agreed to ‘partially accept’ a recommendation for legal recognition of non-binary people to be investigated.
Officials have stressed that “further work is required to explore how non-binary legal recognition would work for Scotland” but that "this will likely be a longer-term commitment".
They added: “The Scottish Government will therefore commission research on non-binary legal recognition and will consider the outcomes of the research to inform our view in this area."
But LGBT charities who formed part of the working group have expressed their disappointment at what they see as the Scottish Government’s lack of ambition.
A number of the responses referred to actions already being taken by the Scottish Government to deal with issues impacting the non-binary community.
Valentine welcomed the opportunity to make “wide-ranging recommendations to the Scottish Government”, but added: “It is disappointing how much of the response to our recommendations relies on assuming that existing work will address these barriers.
“The working group set out in detail in its report to the Government how non-binary people are almost never considered in the development of policies or law, or in the design and delivery of services, and the significant impact this has on us.
“Simply doing more of the same will not bring the meaningful changes needed, or improve people’s lives.”
Dr Mhairi Crawford, the chief executive of LGBT Youth Scotland, said the group was “frustrated” that all of the recommendations were not accepted, adding they will continue to “push for meaningful progress”.
Scottish LibDems equalities spokesperson, Caron Lindsay, said: “Liberal Democrats recognise and support people with non-binary identities and have long argued for them to be given legal recognition.
“We have pushed for measures such as allowing non-binary genders to be recognised with an ‘X’ option on passports.
"These are small things that can make a big difference to people's lives so the Scottish Government is right to explore how it can make legal recognition happen.
“While we welcome the Scottish Government’s announcement, we hope to see the action plan developed and implemented as soon as possible”.
SNP Equalities Minister, Christina McKelvie, said:“We have accepted the majority of the recommendations, partially accepting those with which we agree in principle but not to the full extent suggested by the group.
“Others we have committed to consider further so we can fully consider their impact or feasibility, and in a few cases we have declined the recommendation as it’s not achievable.
“We want to improve equality and bring about real, positive and lasting change to the lives of non-binary people, and we will now develop an action plan based on the group’s work to set out more fully how we intend to do this."
“I believe that advancing equality for marginalised groups ultimately advances rights for all.
“This is an opportunity to begin improving conditions for the non-binary community as well as other marginalised groups in Scotland.”
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