THE UK Government has been accused of launching an attack on LGBTQ+ rights after seeking legal advice on potentially blocking the Scottish Government’s gender recognition plans.
SNP ministers, backed by all parties at Holyrood except the Conservatives, have tabled plans to speed up the process for trans people to obtain a gender recognition certificate (GRC) – dropping the requirement for a gender dysphoria diagnosis by allowing self-ID.
Under the plans, applicants for a GRC must either be the subject of an entry in a birth or adoption record kept by the Registrar General or be ordinarily resident in Scotland.
But despite the plans being devolved to the Scottish Parliament under equalities legislation, the UK Government has confirmed it is “seeking legal advice on the potential impacts” of the legislation “on the rights of residents of the rest of the United Kingdom”.
As UK equalities minister in 2020, Liz Truss axed a similar plan for England that would have modernised gender recognition process, stressing at the time that self-ID isn’t “right” and that “medical checks are important”.
Ms Truss angered equalities groups by not including trans and non-binary people in the UK proposals to ban conversion therapy. More than 120 LGBTQ+ organisations pulled out of the UK Government’s ‘Safe To Be Me’ conference which was eventually cancelled.
During the Tory leadership campaign, Ms Truss was asked if “a trans woman was a woman”, and said “No”.
Scottish Greens equalities spokesperson, Maggie Chapman, said: “Any attempt to block or interfere with the Scottish Parliament's progress on this is not just an attack on our democracy, it is an attack on the rights of our LGBTQ+ community.
“Trans rights are human rights. We will always stand with our trans siblings, particularly when they are under fire from a cynical and reactionary campaign of disinformation like the one that the Tories have been at the forefront of.
“With Greens in government, we will pass the Gender Recognition Reform Bill, end conversion therapy, and transform gender identity services.”
SNP Social Justice Secretary Shona Robison was asked about the potential impact on the rest of the UK when she appeared before MSPs in June, confirming she did not expect a legal challenge from Westminster.
Mr Robison said that “it will be for the other parts of the UK to decide on their ow systems”, adding that “the UK Government’s recognition of Scottish GRCs will be a matter for it to consider”.
She added that there has been “on-going engagement all the way through the bill process” with the UK Government.
Asked directly if she expected any “challenges through the Supreme Court” by the UK Government, Ms Robison said: “No.”
She added: “Whether the UK Government changes its processes is clearly a matter for the UK Government itself, as is whether it recognises Scottish gender recognition certificates.
"That does not affect our ability to make changes to the law here.”
First reported by Vice, a UK Government Equality Hub spokesperson said: "The Government is working with Scottish counterparts and other stakeholders to explore the considerations of the bill and any implications for England and Wales.
“Part of this involves seeking legal advice on the potential impacts of the Scottish Bill on the rights of residents of the rest of the United Kingdom.
“We will continue to closely monitor the progress of the Bill, analysing its implications where necessary."
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