Ruth Maguire voted 'with her conscience' in SNP trans row

The MSP also criticised Westminster colleague Alyn Smith after he said the SNP MSPs who failed to back the government would be given a “torrid time” by their local party.

She urged him to "reflect on the consequences their words can have."  

Last week, the Gender Recognition Reform Bill passed at stage one by 88 votes to 33.

Seven SNP MSPs voted against it, Stephanie Callaghan, Fergus Ewing, Kenneth Gibson, John Mason, Michelle Thomson, Ms Maguire and Ash Regan, who resigned as Community Safety minister. 

Annabelle Ewing and Jim Fairlie abstained.

READ MORE: Gender reforms pass first Holyrood hurdle

The legislation aims to modernise the process by which trans people can obtain a gender recognition certificate.

Currently, they need a medical diagnosis and a two-year period of living as that gender.

However, the new proposals would remove the need for medical assessment, and allow someone to obtain a gender recognition certificate after six months.

It would also reduce the minimum age for application from 18 to 16.

Some critics of the law have raised concerns that the new legislation could have an impact on the single-sex exceptions in the Equality Act, and could potentially place women in danger from men who might abuse a self-identification system.

Ms Maguire told The Herald: “Protecting and safeguarding the rights of women and girls has been of paramount importance to me throughout my life not just in my time as an elected politician. 

"My vote on Thursday reflected my conscience.”

She added: “The Government’s aim to make life easier for a minority group is a laudable one and something that no fair-minded person would be against.  

“However, we do everyone a disservice, including minorities, if we cannot acknowledge that on occasion rights come into conflict. Unfortunately, on this matter that is exactly what has happened.

“Where there is conflict, compassionate, thoughtful, dialogue can ensure a way forward, however, this has been largely absent from the political debate surrounding reforms to the Gender Recognition Act.

“As a parliamentarian, with a responsibility to all of my constituents, I have not been assured that the proposed legislation has adequate safeguards in place that will ensure the protection of women and girls and not erode the hard-fought rights we currently have.”

It is not yet clear if Ms Maguire and the other rebels will be disciplined by the party.

It was the biggest mutiny on the SNP’s benches since the party came into power in 2007.

There was speculation over the weekend that the whips could adopt a “two strikes and you’re out”. Though this would see John Mason suspended as he has already been carpeted over his opposition to abortion buffer zones. 

It could also get messy at stage two of the debate when Holyrood will debate various amendments to the legislation. Some proposed changes will almost certainly test the loyalty of the rebels.

Speaking to journalists last Thursday, Mr Smyth, the MP for Stirling said: "We don't do SNP a la carte and if you're elected on a manifesto then you play for the jersey. I would imagine those who did not support our own government will be getting a torrid time from their constituency parties and local members soon enough."

Ms Maguire disagreed. She said: “Diversity of thought and belief within a group is not a weakness and should be embraced not suppressed.

"All political parties can do better on that front and when they do our parliament will create robust, fair legislation as a result of that scrutiny.

“As this Bill progresses through the Scottish Parliament I am hopeful that the Government will listen to those of us that weren’t able to support it at stage one as amendments are brought forward."

She added: “Members of Parliament have a special responsibility in ensuring that their words and actions do not risk inflaming already heated debates. Those of us who wish to have that calm, thoughtful dialogue will conduct ourselves in just that manner.  

“I’d urge any colleague wishing a ‘torrid time’ on those of us with a different view to them to reflect on the consequences their words can have.  

“Too many female parliamentarians face abuse and threats of violence, it’s incumbent on all of us to think carefully and do better.”  

During last week's debate, Shona Robison, the Cabinet Secretary for Social Justice, Housing and Local Government insisted that the bill could have "no impact on the Equality Act 2010" as it was a reserved matter."

She told MSPs: "Helping one group to better access their rights does not mean diluting or diminishing the rights of another group.

"We have set out why the bill will not change the provision of single-sex services or the arrangements with regard to prisons or sport, because none of those is dependent on possession of a GRC.

"That view is supported by the Scottish Human Rights Commission, Amnesty International and other human rights organisations.

"I am glad that the majority of members of the [Scottish Parliament's Equalities, Human Rights and Civil Justice] Committee have also concluded that there is no evidence to suggest that the rights of women and girls are impacted negatively by the bill."

Over the weekend, Harry Potter author JK Rowling praised Ms Regan for quitting her government post to vote against the legislation. 

On Saturday evening, the ex-minister wrote on Twitter: “I wish to thank the hundreds of constituents and others across Scotland who have contacted me, supporting my stance.

"This is an issue of deep concern to many and I am touched that some have shared their experiences of trauma with me and their need for safe spaces.”

Ms Rowling shared the tweet with her 13.9m followers. She said: “This is what a principled politician looks like. @AshtenRegan will rightly be seen as a heroine when future generations of Scottish women look back at the profoundly misogynistic legislation currently being pushed through by the Sturgeon government.”

Ms Rowling also criticised Mr Smith’s comment, describing it as a "dog whistle."