Humza Yousaf has been accused of desperately trying to stoke a grievance against the UK government over gender reforms in order to hold his fractious party together.

The First Minister is this week expected to launch a legal bid to set aside London’s veto of the Gender Reform Recognition Bill passed by Holyrood before Christmas.

The UK Government has blocked the Bill from becoming law by using an unprecedented order Section 35 of the 1998 Scotland Act because of an alleged clash with UK equality law.

The deadline for the Scottish Government to seek a judicial review of the veto is Monday.

Former SNP Westminster leader Ian Blackford yesterday said it would be a “democratic outrage” if the veto was allowed to stand, all but confirming a challenge would be made.

However there is unease in the SNP about spending taxpayers’ money on what could prove a lost cause, with both Mr Yousaf’s rivals for the SNP leadership opposed to court action.

Opinion polls also show public opposition to the gender reforms, which are intended to simplify the process for trans people to have their gender recognised in law, but which critics saw will erode women’s rights and jeopardise single-sex spaces.

Mr Blackford said: “What’s at the heart of this matter is the Secretary of State for Scotland believes he has the power, he has the right, to strike down any bill of the Scottish Parliament. That’s a democratic outrage in a modern democracy.”

He said MSPs could be sent to Holyrood “by the electorate to enact a manifesto commitment and at a whim, at a stroke of a pen, the Secretary of State for Scotland can strike down any bill of the Scottish Parliament”, and he thought “it quite clearly cannot be right”.

Asked if the Scottish Government would win a legal challenge, he said: “Let’s wait and see.”

Tory MSP Donald Cameron said: “It’s a sign of the new First Minister’s weakness that he is resorting to such a divisive and inflammatory approach. With the SNP in a state of civil war and their murky finances being investigated by police, Humza Yousaf is desperately trying to create a diversion by fostering a fresh grievance with the UK Government.

“His transparent bid to unite the feuding Nationalist tribe won’t work, though, because many in his own party - including his two leadership rivals - recognise the folly of both the GRR Bill and his legal challenge.”  

Alex Salmond’s Alba party also urged Mr Yousaf not to challenge the veto, warning taking the matter to court would “damage the cause of independence”. 

Dr Yvonne Ridley, Alba’s women’s convener, said: "Nicola Sturgeon’s Government got itself into lots of bother by trying to railroad through an incoherent Self ID policy that is not wanted by the people of Scotland. 

“Humza Yousaf’s decision to go to court to fight for hugely unpopular gender reforms is an act of sabotage that will damage the cause of independence. 

“The SNPs Gender Reform obsession is holding back the cause of independence.”